New York § 130.29 Absent and additional members

New York Statutes

§ 130.29 — Absent and additional members

New York § 130.29

Law MILMilitary

Part 5Appointment and Composition of Courts-martial

Art. 7Code of Military Justice

This text of New York § 130.29 (Absent and additional members) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Military § 130.29 (2026).

Text

§ 130.29. Absent and additional members.

(a)No member of a general\nor special court-martial shall be absent or excused after court has been\nassembled for the trial of the accused except for physical disability or\nas a result of a challenge or by order of the convening authority for\ngood cause.\n (b) Whenever a general court-martial other than a general\ncourt-martial composed of a military judge only is reduced below five\nmembers, the trial shall not proceed unless the convening authority\nappoints new members sufficient in number to provide not less than five\nmembers. The trial may proceed with the new members present after the\nrecorded evidence previously introduced before the members of the court\nhas been read to the court in the presence of the military judge, the\naccused

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§ 130.29. Absent and additional members. (a) No member of a general\nor special court-martial shall be absent or excused after court has been\nassembled for the trial of the accused except for physical disability or\nas a result of a challenge or by order of the convening authority for\ngood cause.\n (b) Whenever a general court-martial other than a general\ncourt-martial composed of a military judge only is reduced below five\nmembers, the trial shall not proceed unless the convening authority\nappoints new members sufficient in number to provide not less than five\nmembers. The trial may proceed with the new members present after the\nrecorded evidence previously introduced before the members of the court\nhas been read to the court in the presence of the military judge, the\naccused, and counsel for both sides.\n (c) Whenever a special court-martial, other than a special\ncourt-martial composed of a military judge only, is reduced below three\nmembers, the trial shall not proceed unless the convening authority\nappoints new members sufficient in number to provide not less than three\nmembers. The trial shall proceed with the new members present as if no\nevidence had previously been introduced at the trial, unless a verbatim\nrecord of the evidence previously introduced by the members of the court\nor a stipulation thereof is read to the court in the presence of the\nmilitary judge, if any, the accused, and counsel for both sides.\n (d) If the military judge of a court-martial composed of a military\njudge only is unable to proceed with the trial because of physical\ndisability, as a result of a challenge, or for other good cause, the\ntrial shall proceed, subject to any applicable conditions of section\n130.16 of this chapter, after the detail of a new military judge as if\nno evidence had previously been introduced, unless a verbatim record of\nthe evidence previously introduced or a stipulation thereof is read in\ncourt in the presence of the new military judge, the accused, and\ncounsel for both sides.\n