reglab/housing_qa huggingface dataset:
UT Code § 39-6-38 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 38 - Plea of not guilty -- Accepted -- Withdrawn.

39-6-38. Plea of not guilty -- Accepted -- Withdrawn.    (1) A plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty, if the accused:   (a) after arraignment makes an irregular pleading;     (b) after a plea of guilty raises a matter inconsistent with the plea;     (c) has apparently entered the plea of guilty improvidently or through lack of understanding of its meaning and effect; or     (d) fails or refuses to plead.       (2)   (a) A plea of guilty by the accused may not be accepted to any charge or specification alleging an offense for which a determinate term of one year confinement may be imposed.     (b) If a plea of guilty has been accepted by the military judge, a finding of guilty, if permitted by regulations promulgated by the governor, shall be entered immediately without vote and constitutes the finding of the court.     (c) If the plea of guilty is withdrawn prior to announcement of the sentence, the proceedings shall continue as though the accused had pleaded not guilty.      Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-39 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 39 - Obtaining evidence and witnesses -- Procedure.

39-6-39. Obtaining evidence and witnesses -- Procedure.    (1) The trial and defense counsel, and the military court, have equal opportunity to obtain witnesses and other evidence under regulations the governor, adjutant general, or the applicable rules of civil and criminal procedure or state or federal law prescribe.     (2) The military court judge may:   (a) issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;     (b) issue subpoenas duces tecum and other subpoenas;     (c) enforce by attachment the attendance of witnesses and the production of books and papers; and     (d) sentence for refusal to be sworn or to answer, as under civil procedure.       (3) Process issued in a military court to compel witnesses to appear and testify and to compel the production of other evidence may be served within the boundaries of the state.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-40 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 40 - Offenses against the state by person not subject to chapter.

39-6-40. Offenses against the state by person not subject to chapter.  A person not subject to this chapter is guilty of an offense against the state if he willfully neglects or refuses to appear, refuses to qualify as a witness or to testify, or refuses to produce any evidence which that person may have been legally subpoenaed to produce, after he has been:  (1) subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before the court; and     (2) paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the district courts of the state.    Amended by Chapter 9, 1988 Special Session 2Amended by Chapter 9, 1988 Special Session 2
UT Code § 39-6-41 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 41 - Contempt -- Penalty.

39-6-41. Contempt -- Penalty.    (1) A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any disorderly conduct.     (2) The punishment may not exceed confinement for three days in the county jail of the county where the proceedings are held, or a fine of $200, or both.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-42 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 42 - Depositions -- Procedure.

39-6-42. Depositions -- Procedure.    (1) After charges have been signed under Section 39-6-23, any party may take oral or written depositions unless the military judge hearing the case, or if the case is not being heard, an authority competent to convene a military court for the trial of those charges prohibits the depositions for good cause.     (2) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.     (3) Depositions may be taken before and authenticated by any military or civil officer authorized under state law or the law of the jurisdiction where the deposition is taken to administer oaths.     (4) An authenticated deposition, taken upon reasonable notice to the other parties, may be read in evidence, to the extent it is admissible under the rules of evidence, before any military court or any proceeding before a court of inquiry, if it appears to the court:   (a) the witness resides or is beyond the state in which the military court or court of inquiry is ordered to sit, or beyond the distance of 100 miles from the location of the trial or hearing;     (b) the witness due to death, age, illness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the location of the trial or hearing;     (c) the present location of the witness is unknown; or     (d) the deposition was taken in the physical presence of the accused.      Amended by Chapter 15, 1989 General Session
UT Code § 39-6-43 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 43 - Sworn testimony -- Read in evidence.

39-6-43. Sworn testimony -- Read in evidence.    (1) The sworn testimony of a case which is contained in the authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may be read in evidence by any party before a military court if:   (a) otherwise admissible under the rules of evidence;     (b) the accused was a party before the court of inquiry;     (c) the same issue was involved or the accused consents to the introduction of the evidence; or     (d) the accused was physically present when the testimony was taken.       (2) The testimony may be read in evidence:   (a) before a court of inquiry or a military board; or     (b) by the defense only in cases extending to the dismissal of a commissioned officer.      Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-44 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 44 - Voting by military court members -- Procedure -- Presumption of innocence -- Reasonable doubt -- Burden of proof.

39-6-44. Voting by military court members -- Procedure -- Presumption of innocence -- Reasonable doubt -- Burden of proof.    (1)   (a) Voting by members of a military court on the findings and on the sentence, and upon questions of challenge, are by secret written ballot.     (b) The junior member of the court counts the votes.     (c) The count shall be reviewed by the president, who shall immediately announce the result of the ballot to the members of the court.       (2)   (a) The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings.     (b) A ruling made by the military judge upon a question of law or an interlocutory question, other than the factual issue of mental responsibility of the accused, is final and is the ruling of the court. However, the military judge may change the ruling at any time during the trial.       (3) Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court that:   (a) the accused must be presumed innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;     (b) if there is reasonable doubt as to the guilt of the accused, the doubt shall be resolved in favor of the accused, and he shall be acquitted;     (c) if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree, as to which there is no reasonable doubt; and     (d) the burden of proof to establish the guilt of the accused beyond a reasonable doubt is on the state.       (4)   (a) Subsections (1), (2), and (3) do not apply to a court composed of a military judge only, as the military judge of a court determines all questions of law and fact arising during the proceedings. If the accused is convicted, the judge imposes the sentence.     (b) The military judge of a court shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it is sufficient if the findings of fact are included.      Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-45 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 45 - Vote necessary for conviction or other questions -- Tie vote.

39-6-45. Vote necessary for conviction or other questions -- Tie vote.    (1) A person may not be convicted of any offense except by a unanimous verdict of the members of the court present at the time the vote is taken.     (2)   (a) All other questions decided by the members of a military court are determined by a majority vote. However, a determination to reconsider a finding of guilty, to reconsider a sentence, or to decrease it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.     (b) A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.      Amended by Chapter 15, 1989 General Session
UT Code § 39-6-46 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 46 - Findings -- Background check prior to sentencing.

39-6-46. Findings -- Background check prior to sentencing.    (1) A court shall announce its findings and sentence to the parties as soon as determined.     (2) The court panel may defer sentencing pending an investigation of the background of the accused to determine a just and appropriate sentence.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-47 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 47 - Military court records.

39-6-47. Military court records.    (1)   (a) Each military court shall maintain a separate record of the proceedings in each case brought before it. The record shall be authenticated by the signature of the military judge.     (b) If the record cannot be authenticated by the military judge due to his death, disability, or absence, it shall be authenticated by the signature of the trial counsel. If the trial counsel is unable to authenticate due to his death, disability, or absence, a member of the court panel shall authenticate the record by his signature.     (c) In a court of only a military judge, the record shall be authenticated by the court reporter under the same conditions that a member of a court would authenticate under this section, if the proceedings have resulted in an acquittal of all charges and specifications or, if not affecting a general or flag officer, in a sentence not including discharge and not in excess of that which may be prescribed by regulations of the governor.       (2) A copy of the record of the proceedings of each court shall be given to the accused as soon as it is authenticated. The expense in preparing and transmitting the record shall be by regulations prescribed by the governor or the adjutant general.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-48 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 48 - Cruel and unusual punishments -- Use of irons.

39-6-48. Cruel and unusual punishments -- Use of irons.    (1) Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment may not be imposed by any court or inflicted upon any person under this chapter.     (2) Single or double irons may not be used except when necessary for safe custody.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-49 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 49 - Limits of punishment.

39-6-49. Limits of punishment.  Punishment directed by a military court for an offense may not exceed limits prescribed under Section 39-1-38.5 or lesser limits the governor may prescribe for the offense.  Amended by Chapter 15, 1989 General Session
UT Code § 39-6-50 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 50 - Forfeiture of pay as sentence.

39-6-50. Forfeiture of pay as sentence.    (1) When a lawful and approved sentence of a court includes a forfeiture of pay or allowances in addition to confinement that is not suspended or deferred, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority.     (2) A forfeiture may not extend to any pay or allowances acquired before that date.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-51 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 51 - Confinement as sentence -- Penal institutions.

39-6-51. Confinement as sentence -- Penal institutions.    (1) A sentence of confinement imposed by a military court, whether or not it includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the National Guard or in any jail, penitentiary, or prison under the control of the state or of any political subdivision of the state.     (2) If the words "hard labor" are not included in a sentence or punishment imposed by a court martial imposing confinement, the authority executing the sentence or punishment is not prohibited from requiring hard labor as a part of the sentence or punishment.     (3) The keepers, officers, sheriffs, and wardens of penal institutions of the state and its political subdivisions designated by the governor or his designee under Section 39-6-10 shall:   (a) receive persons ordered into confinement before trial and persons committed to confinement by a military court;     (b) confine them according to law; and     (c) receive or confine a person under this chapter without assessing any fee or charge.      Amended by Chapter 9, 1988 Special Session 2Amended by Chapter 9, 1988 Special Session 2
UT Code § 39-6-52 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 52 - Finding or sentence -- Error -- Review.

39-6-52. Finding or sentence -- Error -- Review.    (1) A finding or sentence of a military court may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.     (2) A reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm that portion of the finding that includes a lesser included offense.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-53 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 53 - Trial record forwarded to convening authority.

39-6-53. Trial record forwarded to convening authority.  After a trial by a military court, the record shall be forwarded to the convening authority, as reviewing authority. Action on the record may be taken by the person who convened the court, a commissioned officer commanding at that time, a successor in command, or by the governor.  Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-54 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 54 - Convening authority refers record to SJA -- Opinion.

39-6-54. Convening authority refers record to SJA -- Opinion.  The convening authority shall refer the record of each military court to the SJA, who shall submit a written opinion to the convening authority. If the final action of the court is an acquittal of all charges and specifications, the opinion is limited to questions of jurisdiction.  Amended by Chapter 287, 2008 General Session
UT Code § 39-6-55 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 55 - Specification dismissal -- No finding of not guilty -- Procedure.

39-6-55. Specification dismissal -- No finding of not guilty -- Procedure.    (1) If a specification before a military court has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.     (2) If there is an apparent error or omission in the record or the record shows improper or inconsistent action by a court martial regarding a finding or sentence, that may be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. However, the record may not be returned for:   (a) reconsideration of a finding of not guilty of any specification, or a ruling which amounts to a finding of not guilty;     (b) reconsideration of a finding of not guilty of any charge unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of a provision of this chapter; or     (c) increasing the severity of the sentence.      Amended by Chapter 15, 1989 General Session
UT Code § 39-6-56 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 56 - Rehearing ordered by convening authority -- Grounds -- Procedure.

39-6-56. Rehearing ordered by convening authority -- Grounds -- Procedure.    (1)   (a) If the convening authority disapproves the findings and sentence of a military court he may, except if there is lack of sufficient evidence in the record to support the findings, order a rehearing, and shall state the reasons for disapproval.     (b) If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges.       (2)   (a) Each rehearing shall take place before a military court composed of members who are not members of the military court that first heard the case.     (b) At rehearing, the accused may not be tried for any offense of which he was found not guilty by the first military court. A sentence imposed may not exceed or be more severe than the original sentence, unless based on a finding of guilty regarding an offense not considered on the merits in the original proceedings.      Amended by Chapter 15, 1989 General Session
UT Code § 39-6-57 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 57 - Convening authority -- Approval of findings and sentence.

39-6-57. Convening authority -- Approval of findings and sentence.  The convening authority acting on the findings and sentence of a military court may approve only findings of guilty and the sentence or part of the sentence he finds correct under the law and fact, in his discretion.  Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-58 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 58 - Convening authority review -- Action by governor final -- SJA review -- Appeal of final action.

39-6-58. Convening authority review -- Action by governor final -- SJA review -- Appeal of final action.    (1) When the governor is the convening authority, the governor's action on the review of a record of trial is final.     (2) The state judge advocate shall review the record of trial in each case prior to final action being taken.     (3) The SJA shall make a written review and recommendation on legal issues to the convening authority for its consideration prior to final action in any case.     (4) In a case subject to review by the SJA under this section, the SJA shall submit an opinion regarding any errors committed during the trial and an analysis of the legal effect of the error to the convening authority prior to its affirmation and action regarding the findings and sentence in the case.     (5) The convening authority may affirm only findings of guilty and the sentence or part of the sentence that:   (a) is correct in law and fact; and     (b) should be approved, based on the entire record and the advice of the SJA, and any rebuttal submitted by the accused or defense counsel.       (6) In considering the record, the convening authority may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the testimony of the witnesses.     (7) If the convening authority sets aside the findings and sentence:   (a) a rehearing may be ordered, except when the decision to set aside is based on a lack of sufficient evidence in the record to support the findings; or     (b) if a rehearing is not ordered, the charges shall be dismissed.       (8)   (a) Final action approved by the convening authority may be appealed directly to the Utah Court of Appeals.     (b) Notice of appeal shall be filed within 30 days after the final action has been taken by the convening authority.      Amended by Chapter 287, 2008 General Session
UT Code § 39-6-59 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 59 - Military court sentence -- Execution by convening authority.

39-6-59. Military court sentence -- Execution by convening authority.    (1) Except under Sections 39-6-17 and 39-6-58, a military court sentence may be ordered executed by the convening authority when approved by him, unless suspended or deferred.     (2) The convening authority shall, in his discretion, approve the sentence or the part or commuted form of the sentence. After his approval, he may suspend the execution of the sentence.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-61 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 61 - Probation violation -- Hearing -- Counsel -- Execution of suspended sentence.

39-6-61. Probation violation -- Hearing -- Counsel -- Execution of suspended sentence.    (1)   (a) Before the vacation of the suspension of a military court sentence, the officer holding convening authority jurisdiction over the probationer shall hold a hearing on the alleged violation of probation.     (b) The probationer shall be represented by counsel at the hearing.       (2)   (a) The record of the hearing and the recommendation of the officer having jurisdiction shall be sent for action to the governor in cases involving a military court sentence of confinement, and to the commanding officer of the unit of the National Guard of which the probationer is a member, in all other cases.     (b) If the governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.       (3) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court that imposed the sentence.    Amended by Chapter 12, 1994 General Session