NRS 412.372 Challenges of military judge and members.

269 words·~1 min read·/nv/chapter-412-state-militia/412-372

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall be presented and decided before those by the accused are offered, unless justice dictates otherwise.

2. If exercise of a challenge for cause reduces the court below the minimum number of members required by NRS 412.304 , all parties shall, notwithstanding NRS 412.342 , either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges must not be exercised at that time.

3. Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.

4. If exercise of a peremptory challenge reduces the court below the minimum number of members required by NRS 412.304 , the parties shall, notwithstanding NRS 412.342 , either exercise or waive any remaining peremptory challenge not previously waived against the remaining members of the court before additional members are detailed to the court.

5. Whenever additional members are detailed to the court and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.