reglab/housing_qa huggingface dataset:
MO Rev Stat § 40.119 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.119 - Referring charges for trial requirements to be met in general court-martial.

Effective - 28 Aug 1984   40.119. Referring charges for trial requirements to be met in general court-martial. — 1. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he has found that the charge alleges an offense under sections 40.005 to 40.490 and is warranted by evidence indicated in the report of the investigation.  2. If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence shall be made. ­­-------- (L. 1984 H.B. 1035 § 35)
MO Rev Stat § 40.121 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.121 - Copy of charges served on accused by trial counsel — time requirement before he can be brought to trial.

Effective - 28 Aug 1984   40.121. Copy of charges served on accused by trial counsel — time requirement before he can be brought to trial. — The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace, no person shall, against his objection, be brought to trial, or be required to participate by himself or counsel in a session called by the military judge under section 40.130 in a general court-martial case within a period of five days after the service of the charges upon him, or in a special court-martial within a period of three days after the service of the charges upon him. ­­-------- (L. 1984 H.B. 1035 § 36)
MO Rev Stat § 40.124 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.124 - Procedure in military courts.

Effective - 28 Aug 1984   40.124. Procedure in military courts. — The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the governor by regulations, which shall apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of this state, but which shall not be contrary to or inconsistent with sections 40.005 to 40.490. ­­-------- (L. 1984 H.B. 1035 § 37)
MO Rev Stat § 40.126 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.126 - Attempts to influence or coerce court prohibited — exceptions.

Effective - 28 Aug 1984   40.126. Attempts to influence or coerce court prohibited — exceptions. — 1. No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, shall censure, reprimand or admonish the court or any member, military judge or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. No person subject to sections 40.005 to 40.490 may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving or reviewing authority with respect to his judicial acts. The foregoing provisions shall not apply to:  (1) General instructional or informational courses in military justice, if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial; or  (2) Statements and instructions given in open court by the military judge or counsel.  2. In the preparation of an effectiveness, fitness or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade or in determining the assignment or transfer of a member of the state military forces or in determining whether a member of the state military forces should be retained on duty, no person subject to sections 40.005 to 40.490 may in preparing any such report:  (1) Consider or evaluate the performance of duty of any such member as a member, military judge or trial counsel of a court-martial; or  (2) Give a less favorable rating or evaluation of any member of the state military forces because of the zeal with which such member as defense counsel represented any accused before a court-martial. This subsection is not applicable to evaluations made by the state judge advocate of the performance of personnel under his supervision. ­­-------- (L. 1984 H.B. 1035 § 38)
MO Rev Stat § 40.128 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.128 - Trial counsel, duties — defense counsel, duties — accused's right to provide civilian counsel or choose military — assistant counsels, duties.

Effective - 28 Aug 1984   40.128. Trial counsel, duties — defense counsel, duties — accused's right to provide civilian counsel or choose military — assistant counsels, duties. — 1. The trial counsel of a general or special court-martial shall prosecute in the name of the state of Missouri and shall, under the direction of the court, prepare the record of the proceedings.  2. The accused has the right to be represented in his defense before a general or special court-martial by civilian counsel if provided by the accused, or by military counsel of his own selection if reasonably available, or by the defense counsel detailed under section 40.098. Should the accused have counsel of his own selection, the defense counsel, and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as the accused's associate counsel; otherwise they shall be excused by the military judge.  3. In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of such matters the defense counsel feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate.  4. An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by section 40.098, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.  5. An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by section 40.098, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused. ­­-------- (L. 1984 H.B. 1035 § 39)
MO Rev Stat § 40.130 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.130 - Pretrial motions, arraignment, pleas, court in session without members — proceedings to be in presence of accused and counsel — exceptions, vote and deliberations of members.

Effective - 28 Aug 1984   40.130. Pretrial motions, arraignment, pleas, court in session without members — proceedings to be in presence of accused and counsel — exceptions, vote and deliberations of members. — 1. At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 40.121 call the court into session without the presence of the members for the purpose of:  (1) Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;  (2) Hearing and ruling upon any matter which may be ruled upon by the military judge whether or not the matter is appropriate for later consideration or decision by the members of the court;  (3) Holding the arraignment and receiving the pleas of the accused; and  (4) Performing any other procedural function which may be performed by the military judge under sections 40.005 to 40.490 or under rules prescribed pursuant to section 40.124 and which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made part of the record.  2. 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, in cases in which a military judge has been detailed to the court, the military judge. ­­-------- (L. 1984 H.B. 1035 § 40)
MO Rev Stat § 40.133 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.133 - Continuances, granted, when.

Effective - 28 Aug 1984   40.133. Continuances, granted, when. — A military judge or a summary court may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. ­­-------- (L. 1984 H.B. 1035 § 41)
MO Rev Stat § 40.135 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.135 - Challenges, general or special court-martial.

Effective - 28 Aug 1984   40.135. Challenges, general or special court-martial. — 1. The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and shall 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.  2. Each accused and the trial counsel is entitled to two peremptory challenges, but the military judge may not be challenged except for cause. ­­-------- (L. 1984 H.B. 1035 § 42)
MO Rev Stat § 40.138 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.138 - Oath required for all judges, members, counsel, reporters, interpreters.

Effective - 28 Aug 1984   40.138. Oath required for all judges, members, counsel, reporters, interpreters. — 1. Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the governor. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate or other person is detailed to that duty.  2. Each witness before a military court shall be examined on oath or affirmation. ­­-------- (L. 1984 H.B. 1035 § 43)
MO Rev Stat § 40.141 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.141 - Time limitation to bring action — war time, certain offenses no limitation — computation.

Effective - 28 Aug 1984   40.141. Time limitation to bring action — war time, certain offenses no limitation — computation. — 1. A person charged with sedition, mutiny, or aiding a hostile force, or desertion or absence without leave in time of war may be tried and punished at any time without limitation.  2. Except as otherwise provided in this section, a person charged with desertion in time of peace or with the offense punishable under section 40.398 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.  3. Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under section 40.043 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under section 40.043.  4. Periods in which the accused was absent from territory in which the state has the authority to apprehend him, or in the custody of civil authorities, or in the hands of a hostile force, shall be excluded in computing the period of limitation prescribed in this section. ­­-------- (L. 1984 H.B. 1035 § 44)
MO Rev Stat § 40.144 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.144 - Res judicata to apply, when — exception not a bar to civilian prosecution.

Effective - 28 Aug 1984   40.144. Res judicata to apply, when — exception not a bar to civilian prosecution. — 1. No person subject to sections 40.005 to 40.490 shall, without his consent, be tried a second time for the same offense in a military court convened under sections 40.005 to 40.490. Prosecution under sections 40.005 to 40.490 shall not bar prosecution by civil authorities for a crime or offense growing out of the same act or omission committed in violation of the laws of the civil jurisdiction, unless prohibited by res judicata or double jeopardy.  2. No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed. However, a proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority, or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused, is a trial in the sense of this section. ­­-------- (L. 1984 H.B. 1035 § 45)
MO Rev Stat § 40.148 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.148 - Not guilty plea, entered when.

Effective - 28 Aug 1984   40.148. Not guilty plea, entered when. — 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 after arraignment before a court-martial:  (1) An accused makes an irregular pleading;  (2) After a plea of guilty an accused sets up a matter inconsistent with the plea;  (3) It appears that an accused has entered a plea of guilty improvidently or through lack of understanding of its meaning or effect; or  (4) An accused fails or refuses to plead.  2. With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or summary court, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to the announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty. ­­-------- (L. 1984 H.B. 1035 § 46)
MO Rev Stat § 40.150 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.150 - Witnesses and evidence, authority to obtain.

Effective - 28 Aug 1984   40.150. Witnesses and evidence, authority to obtain. — 1. The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the governor may prescribe.  2. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which the courts of this state having criminal jurisdiction may lawfully issue and shall run to any part of the state and to any other state or territory, district or possession in which the court-martial may be sitting. ­­-------- (L. 1984 H.B. 1035 § 47)
MO Rev Stat § 40.153 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.153 - Witness, willful failure to appear or to produce evidence, penalty — prosecutor shall prosecute.

Effective - 28 Aug 1984   40.153. Witness, willful failure to appear or to produce evidence, penalty — prosecutor shall prosecute. — 1. Any person not subject to sections 40.005 to 40.490 is guilty of a class C misdemeanor who:  (1) Has been duly 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 such a court;  (2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the circuit courts of this state; and  (3) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce.  2. Upon the certification of the facts under subsection 1 of this section by the military judge or summary court officer to the prosecuting attorney of the county where the offense occurred, the prosecuting attorney shall prosecute. ­­-------- (L. 1984 H.B. 1035 § 48)
MO Rev Stat § 40.155 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.155 - Contempt, authority of military court — penalties.

Effective - 28 Aug 1984   40.155. Contempt, authority of military court — penalties. — 1. A military court may punish for contempt any person subject to sections 40.005 to 40.490 who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. Such punishment may not exceed confinement for thirty days or a fine of one hundred dollars, or both.  2. Any person other than a member of the National Guard who shall resort to disorderly, contemptuous or insolent behavior in, or use any insulting or indecorous language or expressions to or before, any military court, or any member of either of such courts, in open court, to interrupt the proceedings or to impair the authority of such courts, shall be guilty of a class C misdemeanor and may be arrested by the order of the president of the court, and at once delivered to the civil authorities for prosecution as provided in subsection 2 of section 40.153. ­­-------- (L. 1984 H.B. 1035 § 49)
MO Rev Stat § 40.157 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.157 - Depositions authorized, when — procedure — exception — admitted into evidence, when.

Effective - 28 Aug 1984   40.157. Depositions authorized, when — procedure — exception — admitted into evidence, when. — 1. At any time after charges have been signed, as provided in section 40.108, any party may take oral or written depositions unless the military judge or an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such an authority shall designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.  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 by the laws of this state or by the laws of the place where the deposition is taken to administer oaths.  4. A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears:  (1) That the witness is dead; or  (2) That the witness is out of the state and the witness' appearance cannot be obtained, unless it appears that the absence of the witness was procured by the party offering the deposition; or  (3) That the witness is unable to attend or testify because of sickness, infirmity, imprisonment, military necessity, age, or nonamenability to process, or other reasonable cause; or  (4) That the party offering the deposition has been unable to procure the attendance of the witness by subpoena or other process. ­­-------- (L. 1984 H.B. 1035 § 50)
MO Rev Stat § 40.160 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.160 - Sworn testimony in court of inquiry, record admissible in evidence, when — exception.

Effective - 28 Aug 1984   40.160. Sworn testimony in court of inquiry, record admissible in evidence, when — exception. — 1. In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.  2. Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.  3. Such testimony may also be read in evidence before a court of inquiry or a military board. ­­-------- (L. 1984 H.B. 1035 § 51)