South Dakota Codified Laws 33-10-116. Sessions without presence of court-martial members–Record
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 to § 33-10-109, 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;
Terms Used In South Dakota Codified Laws 33-10-116
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Record: when used in connection with the proceedings of a court-martial:
(a) An official written transcript, written summary, or other writing relating to the proceedings. See South Dakota Codified Laws 33-10-20
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Hearing and ruling upon any matter that may be ruled upon by the military judge under this code, 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; and
(4) Performing any other procedural function that does not require the presence of the members of the court under this code.
These proceedings 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 court members and without regard to § 33-10-91.
Source: SL 2012, ch 175, § 97.