§ 829 — Art. 29. Assembly And Impaneling Of Members; Detail Of New Members And Military Judges

(a) The military judge shall announce the assembly of a general or special court-martial with members. After such a court-martial is assembled, no member may be absent, unless the member is excused— (1) as a result of a challenge; (2) under subsection (b)(1)(B); or (3) by order of the military judge or the convening authority for disability or other good cause. (1) Under rules prescribed by the President, the military judge of a general or special court-martial with members shall— (A) after determination of challenges, impanel the court-martial; and (B) excuse the members who, having been assembled, are not impaneled. (2) In a general court-martial, the military judge shall impanel— (A) 12 members in a capital case; and (B) eight members in a noncapital case. (3) In a special court-martial, the military judge shall impanel four members. (c) In addition to members under subsection (b), the military judge shall impanel alternate members, if the convening authority authorizes alternate members. (1) If, after members are impaneled, the membership of the court-martial is reduced to— (A) fewer than 12 members with respect to a general court-martial in a capital case; (B) fewer than six members with respect to a general court-martial in a noncapital case; or (C) fewer than four members with respect to a special court-martial; (2) The membership referred to in paragraph (1) is as follows: (A) 12 members with respect to a general court-martial in a capital case. (B) At least six but not more than eight members with respect to a general court-martial in a noncapital case. (C) Four members with respect to a special court-martial. (e) If the military judge is unable to proceed with the trial because of disability or otherwise, a new military judge shall be detailed to the court-martial. (1) In the case of new members under subsection (d), the trial may proceed with the new members present after the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new members, the military judge, the accused, and counsel for both sides. (2) In the case of a new military judge under subsection (e), the trial shall proceed as if no evidence had been introduced, unless the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new military judge, the accused, and counsel for both sides.