§829. Art. 29. Assembly and impaneling of members; detail of new members and military judges — Inbound Citations

Citations to 10 U.S.C. § 829 as a whole

• 10 U.S.C. § 816(b)(1)

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  (1) A general court-martial consisting of a military judge and eight members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
• 10 U.S.C. § 816(b)(2)

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  (2) In a capital case, a general court-martial consisting of a military judge and the number of members determined under section 825a of this title (article 25a), subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
• 10 U.S.C. § 816(c)(1)

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  (1) A special court-martial consisting of a military judge and four members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
• 10 U.S.C. § 825(e)(3)

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  (3) The convening authority shall detail not less than the number of members necessary to impanel the court-martial under section 829 of this title (article 29).
• 10 U.S.C. § 825a(b)

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  (b) Subject to section 829 of this title (article 29)—

  (1) if a case is referred for trial as a capital case and, before the members are impaneled, the accused may no longer be sentenced to death, the number of members shall be eight; and

  (2) if a case is referred for trial as a capital case and, after the members are impaneled, the accused may no longer be sentenced to death, the number of members shall remain 12.
• 10 U.S.C. § 839(b)

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  (b) Proceedings under subsection (a) 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. These proceedings may be conducted notwithstanding the number of members of the court and without regard to section 829 of this title (article 29). If authorized by regulations of the Secretary concerned, and if at least one defense counsel is physically in the presence of the accused, the presence required by this subsection may otherwise be established by audiovisual technology (such as videoteleconferencing technology).
• 10 U.S.C. § 841(a)(2)

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  (2) If exercise of a challenge for cause reduces the court below the number of members required by section 816 of this title (article 16), all parties shall (notwithstanding section 829 of this title (article 29)) 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 shall not be exercised at that time.
• 10 U.S.C. § 841(b)(2)

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  (2) If exercise of a peremptory challenge reduces the court below the number of members required by section 816 of this title (article 16), the parties shall (notwithstanding section 829 of this title (article 29)) 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.