When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.

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Terms Used In South Dakota Codified Laws 33-10-117

  • 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.

Source: SL 2012, ch 175, § 98.