Page:United States Statutes at Large Volume 70A.djvu/109

51 51 (e) A n assistant defense counsel of a general or special courtmartial may, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by section 827 of this title (article 27), perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused. § 839. A r t. 39. Sessions When a general or special court-martial deliberates or votes, only the members of the court may be present. After a general courtmartial has finally voted on the findings, the court may request the law officer and the reporter to appear before the court to put the findings in proper form, and those proceedings shall be on the record. All other proceedings, including any other consultation of the court with counsel or the law officer, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and in general court-martial cases, the law officer. § 840. Art. 40. Continuances A court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. § 841. A r t. 41. Challenges (a) Members of a general or special court-martial and the law officer of a general court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The court shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered. (b) Each accused and the trial counsel is entitled to one peremptory challenge, but the law officer may not be challenged except for cause. § 842. Art. 42. Oaths (a) The law officer, interpreters, and, in general and special courtsmartial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters shall take an oath in the presence of the accused to perform their duties faithfully. (b) Each witness before a court-martial shall be examined on oath. § 843. A r t. 43. Statute of limitations (a) A person charged with desertion or absence without leave in time of war, or with aiding the enemy, mutiny, or murder, may be tried and punished at any time without limitation. (b) Except as otherwise provided in this article, a person charged with dasertion in time of peace or any of the offenses punishable under sections 919-932 of this title (articles 119-132) is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command. (c) Except as otherwise provided in this article, a person charged with any offense is not liable to be tried by court-martial or punished under section 815 of this title (article 15) if the offense was committed more than two years before the receipt of sworn charges and speci-

�