10 U.S.C. § 829 — Art. 29. Assembly and impaneling of members; detail of new members and military judges

(a) Assembly. The military judge announces assembly of a general or special court-martial with members. After assembly, a member may be absent only if excused because of a challenge, subsection (b)(1)(B), disability, or other good cause by the judge or convening authority. (b) Impaneling. (1) Under Presidential rules, after deciding challenges the judge impanels the court and excuses assembled members who are not impaneled. (2) A general court-martial has 12 members in a capital case and eight in a noncapital case. (3) A special court-martial has four members. (c) Alternate members. The judge impanels alternate members in addition to those in (b) when the convening authority authorizes them. (d) New members. (1) After impaneling, if membership falls below 12 in a capital general court, six in a noncapital general court, or four in a special court, the trial cannot continue unless the convening authority assigns new members and the judge impanels enough to meet (2). (2) The required membership is 12 for a capital general court, at least six but no more than eight for a noncapital general court, and four for a special court. (e) New military judge. If the judge cannot continue because of disability or otherwise, a new judge must be assigned. (f) Evidence. (1) With new members, the trial may continue after prior evidence is read or recordings are played in the presence of the new members, judge, accused, and both counsel. (2) With a new judge, the trial proceeds as if no evidence had been introduced unless the prior evidence is read or recordings played in the presence of the new judge, accused, and both counsel.