(a) In general, trial counsel detailed for a court-martial under section 124B-47 shall cause to be served upon the accused a copy of the charges and specifications referred for trial.

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Terms Used In Hawaii Revised Statutes 124B-56

  • Day: means calendar day and is not synonymous with the term "unit training assembly". See Hawaii Revised Statutes 124B-1
  • Military judge: means an official of a general or special court-martial detailed in accordance with part V of this chapter. See Hawaii Revised Statutes 124B-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Subject to subsection (c), no trial or other proceeding of a general or special court-martial, including any session under section 124B-64, shall be held over the objection of the accused:

(1) With respect to a general court-martial, from the time of service through the fifth day after the date of service; or
(2) With respect to a special court-martial, from the time of service through the third day after the date of service.
(c) An objection under subsection (b) shall be raised only at the first session of the trial or other proceeding and only if the first session occurs before the end of the applicable period under subsection (b). If the first session occurs before the end of the applicable period, the military judge shall, at that session, inquire as to whether the defense objects under this subsection.