§ 13A-704
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§13A–704.
(a)At any time after the service of charges that have been referred for trial to a court–martial composed of a military judge and members, the military judge may, subject § 13A–606 of this title, call the court into session without the presence of the members for the purpose of:
(1)hearing and determining motions raising defenses or objections that are capable of determination without trial of the issues raised by a plea of not guilty;
(2)hearing and ruling on any matter that may be ruled on by the military judge under this title, whether or not the matter is appropriate for later consideration or decision by the members of the court;
(3)holding the arraignment and receiving the pleas of the accused;
(4)conducting a sentencing proceeding and sentencing the accused under § 13A–718 of this subtitle; and
(5)performing any other procedural function that does not require the presence of the members of the court under this title.
(b)Proceedings conducted under subsection
(a)of this section:
(1)shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record; and
(2)may be conducted notwithstanding the number of court members and without regard to § 13A–508 of this title.
(1)When the members of a court–martial deliberate or vote, only the members may be present.
(2)All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.