{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-839","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-839","heading":"Sessions","body":"ARTICLE 39. Sessions.\n\nA. At any time after the service of charges which have been\n\nreferred for trial to a court-martial composed of a military judge\n\nand members, the military judge may, subject to Section 835 of this\n\ntitle (Article 35), call the court into session without the presence\n\nof the members for the purpose of:\n\n1. Hearing and determining motions raising defenses or\n\nobjections which are capable of determination without trial of the\n\nissues raised by a plea of not guilty;\n\n2. Hearing and ruling upon any matter which may be ruled upon\n\nby the military judge under the Oklahoma Uniform Code of Military\n\nJustice, whether or not the matter is appropriate for later\n\nconsideration or decision by the members of the court;\n\n3. Holding the arraignment and receiving the pleas of the\n\naccused;\n\n4. Conducting a sentencing proceeding and sentencing the\n\naccused under paragraph 1 of subsection B of Section 853 of this\n\ntitle (Article 53, subsection B, paragraph 1); and\n\n5. Performing any other procedural function which may be\n\nperformed by the military judge under the Code or under rules\n\nprescribed pursuant to Section 836 of this title (Article 36) and\n\nwhich does not require the presence of the members of the court.\n\nB. Proceedings under subsection A of this section shall be\n\nconducted in the presence of the accused, the defense counsel, and\n\nthe trial counsel and shall be made a part of the record. These\n\nproceedings may be conducted notwithstanding the number of members\n\nof the court and without regard to Section 829 of this title\n\n(Article 29). If authorized by regulations promulgated by the\n\nAdjutant General, and if at least one defense counsel is physically\n\nin the presence of the accused, the presence required by this\n\nsubsection may otherwise be established by audiovisual technology,\n\nsuch as video-teleconferencing technology.\n\nC. When the members of a court-martial deliberate or vote, only\n\nthe members may be present. All other proceedings, including any\n\nother consultation of the members of the court with counsel or the\n\nmilitary judge, shall be made a part of the record and shall be in\n\nthe presence of the accused, the defense counsel, the trial counsel,\n\nand the military judge.\n\nD. The findings, holdings, interpretations, and other\n\nprecedents of military commissions under Chapter 47A of Title 10 of\n\nthe United States Code:\n\n1. May not be introduced or considered in any hearing, trial,\n\nor other proceeding of a court-martial under the Code; and\n\n2. May not form the basis of any holding, decision, or other\n\ndetermination of a court-martial.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f2d4b0b030f1ae1836a16af76b6e0442340c891e33c0a691bee828150ce73df4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-838","next":"us-ok/okla.-stat.-tit.-44-44-840"},"notice":"GroundRules: Original legal text. Not legal advice."}