reglab/housing_qa huggingface dataset:
44 OK Stat § 44-834 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-834. Advice to convening authority before referral for trial.

|ARTICLE 34. Advice to convening authority before referral for trial. |A. General court-martial.1. Staff judge advocate advice required before referral. Before referral of charges and specifications to a general court-martial for trial, the convening authority shall submit the matter to the staff judge advocate for advice, which the staff judge advocate shall provide to the convening authority in writing. The convening authority may not refer a specification under a charge to a general court-martial unless the staff judge advocate advises the convening authority in writing that:a.the specification alleges an offense under the Oklahoma Uniform Code of Military Justice,b.there is probable cause to believe that the accused committed the offense charged, andc.a court-martial would have jurisdiction over the accused and the offense.2. Staff judge advocate recommendation as to disposition. Together with the written advice provided under paragraph 1 of this subsection, the staff judge advocate shall provide a written recommendation to the convening authority as to the disposition that should be made of the specification in the interest of justice and discipline.3. Staff judge advocate advice and recommendation to accompany referral. When a convening authority makes a referral for trial by general court-martial, the written advice of the staff judge advocate under paragraph 1 of this subsection and the written recommendation of the staff judge advocate under paragraph 2 of this subsection with respect to each specification shall accompany the referral.B. Special court-martial; convening authority consultation with judge advocate. Before referral of charges and specifications to a special court-martial for trial, the convening authority shall consult a judge advocate on relevant legal issues.C. General and special courts-martial; correction of charges and specifications before referral. Before referral for trial by general court-martial or special court-martial, changes may be made to charges and specifications:1. To correct errors in form; and2. When applicable, to conform to the substance of the evidence contained in a report under subsection C of Section 832 of this title (Article 32, subsection C).D. Referral defined. In this section, the term "referral" means the order of a convening authority that charges and specifications against an accused be tried by a specified court-martial.Added by Laws 2019, c. 408, § 41, eff. Oct. 1, 2019.
44 OK Stat § 44-835 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-835. Service of charges - Commencement of trial.

|ARTICLE 35. Service of charges; commencement of trial. |A. In general. Trial counsel detailed for a court-martial under Section 827 of this title (Article 27) shall cause to be served upon the accused a copy of the charges and specifications referred for trial.B. Commencement of trial.1. Subject to paragraph 2 of this subsection, no trial or other proceeding of a general court-martial or a special court-martial, including any session under subsection A of Section 839 of this title (Article 39, subsection A) may be held over the objection of the accused:a.with respect to a general court-martial, from the time of service through the fifth day after the date of service, orb.with respect to a special court-martial, from the time of service through the third day after the date of service.2. An objection under paragraph 1 of this subsection may be raised only at the first session of the trial or other proceeding and only if the first session occurs before the end of the applicable periods under subparagraph a or b of paragraph 1 of this subsection. If the first session occurs before the end of the applicable period, the military judge shall, at that session, inquire as to whether the defense objects under this subsection.C. Continuances. Upon a showing of good cause, the military judge in a general or special court-martial may grant a continuance of any hearing in which the presence of the accused is required.Added by Laws 2019, c. 408, § 42, eff. Oct. 1, 2019.
44 OK Stat § 44-836 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-836. Procedure for courts-martial.

|ARTICLE 36. Procedure for courts-martial. |A. The procedure, in all cases tried by courts-martial under the Oklahoma Uniform Code of Military Justice, shall be the federal Rules for Courts-Martial, as prescribed in the most recent edition of the Manual for Courts-Martial, United States, including all amendments thereto adopted from time to time, except when such rules are contrary to or inconsistent with the Code.B. The federal Military Rules of Evidence shall govern the modes of proof in all cases tried by courts-martial under the Code, as prescribed in the most recent edition of the Manual for Courts-Martial, United States, including all amendments thereto adopted from time to time, except when such rules are contrary to or inconsistent with the Code.C. The Governor or Adjutant General may promulgate additional regulations applicable to courts-martial procedure. All regulations made under this section shall be uniform insofar as practicable.Added by Laws 2019, c. 408, § 43, eff. Oct. 1, 2019.
44 OK Stat § 44-837 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-837. Unlawfully influencing action of court.

|ARTICLE 37. Unlawfully influencing action of court. |A. 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 or her functions in the conduct of the proceeding. No person subject to the Oklahoma Uniform Code of Military Justice shall attempt to coerce or, by an unauthorized means, influence the action of the 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 or her judicial acts. The foregoing provisions of this subsection shall not apply with respect 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; or2. To statements and instructions given in open court by the military judge or counsel.B. 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, no person subject to the Code may, in preparing any such report:1. Consider or evaluate the performance of duty of any such member as a member of a court-martial; or2. Give a less favorable rating or evaluation of any member of the state military forces because of the zeal with which such member, as counsel, represented any accused before a court-martial.Added by Laws 2019, c. 408, § 44, eff. Oct. 1, 2019.
44 OK Stat § 44-839 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-839. Sessions.

|ARTICLE 39. Sessions. |A. 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 835 of this title (Article 35), 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 under the Oklahoma Uniform Code of Military Justice, 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;4. Conducting a sentencing proceeding and sentencing the accused under paragraph 1 of subsection B of Section 853 of this title (Article 53, subsection B, paragraph 1); and5. Performing any other procedural function which may be performed by the military judge under the Code or under rules prescribed pursuant to Section 836 of this title (Article 36) and which does not require the presence of the members of the court.B. Proceedings under subsection A of this section shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. These proceedings may be conducted notwithstanding the number of members of the court and without regard to Section 829 of this title (Article 29). If authorized by regulations promulgated by the Adjutant General, and if at least one defense counsel is physically in the presence of the accused, the presence required by this subsection may otherwise be established by audiovisual technology, such as video-teleconferencing technology.C. 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 the military judge.D. The findings, holdings, interpretations, and other precedents of military commissions under Chapter 47A of Title 10 of the United States Code:1. May not be introduced or considered in any hearing, trial, or other proceeding of a court-martial under the Code; and2. May not form the basis of any holding, decision, or other determination of a court-martial.Added by Laws 2019, c. 408, § 46, eff. Oct. 1, 2019.
44 OK Stat § 44-840 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-840. Continuances.

|ARTICLE 40. Continuances. |The military judge or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.Added by Laws 2019, c. 408, § 47, eff. Oct. 1, 2019.
44 OK Stat § 44-841 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-841. Challenges.

|ARTICLE 41. Challenges. |A. 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 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.2. If exercise of a challenge for cause reduces the court below the number of members required by Section 816 of this title (Article 16), all parties shall, notwithstanding Section 829 of this title (Article 29), either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.B. 1. Each accused and the trial counsel are entitled initially to one peremptory challenge of the members of the court. The military judge may not be challenged except for cause.2. If exercise of a peremptory challenge reduces the court below the number of members required by Section 816 of this title (Article 16), the parties shall, notwithstanding Section 829 of this title (Article 29), either exercise or waive any remaining peremptory challenge (not previously waived) against the remaining members of the court before additional members are detailed to the court.C. Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.Added by Laws 2019, c. 408, § 48, eff. Oct. 1, 2019.
44 OK Stat § 44-842 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-842. Oaths.

|ARTICLE 42. Oaths. |A. Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate 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 promulgated by the Adjutant General. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate 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.B. Each witness before a court-martial shall be examined on oath.Added by Laws 2019, c. 408, § 49, eff. Oct. 1, 2019.
44 OK Stat § 44-844 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-844. Former jeopardy.

|ARTICLE 44. Former jeopardy. |A. No person may, without his or her consent, be tried a second time for the same offense.B. No proceeding in which an accused has been found guilty by 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.C. 1. A court-martial with a military judge alone is a trial for the purposes of this section if, without fault of the accused:a.after introduction of evidence, andb.before announcement of findings under Section 853 of this title (Article 53),the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.2. A court-martial with a military judge and members is a trial in the sense of this section if, without fault of the accused:a.after the members, having taken an oath as members under Section 842 of this title (Article 42) and after completion of challenges under Section 841 of this title (Article 41), are impaneled, andb.before announcement of findings under Section 853 of this title (Article 53),the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.Added by Laws 2019, c. 408, § 51, eff. Oct. 1, 2019.
44 OK Stat § 44-845 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-845. Pleas of the accused.

|ARTICLE 45. Pleas of the accused. |A. Irregular and similar pleas. If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he or she has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he or she fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he or she had pleaded not guilty.B. Pleas of guilty. 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, 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 announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.C. Harmless error. A variance from the requirements of this section is harmless error if the variance does not materially prejudice the substantial rights of the accused.Added by Laws 2019, c. 408, § 52, eff. Oct. 1, 2019.
44 OK Stat § 44-849 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-849. Depositions.

|ARTICLE 49. Depositions. |A. In general.1. Subject to paragraph 2 of this subsection, a convening authority or a military judge may order depositions at the request of any party.2. A deposition may be ordered under paragraph 1 of this subsection only if the requesting party demonstrates that, due to exceptional circumstances, it is in the interest of justice that the testimony of a prospective witness be preserved for use at a court-martial or court of inquiry.3. A party who requests a deposition under this section shall give to every other party reasonable written notice of the time and place for the deposition.4. A deposition under this section shall be taken before, and authenticated by, an impartial officer, as follows:a.whenever practicable, by an impartial judge advocate certified under subsection B of Section 827 of this title (Article 27, subsection B), andb.in exceptional circumstances, by an impartial military or civil officer authorized to administer oaths by:(1)the laws of the United States, or(2)the laws of the place where the deposition is taken.B. Representation by counsel. Representation of the parties with respect to a deposition shall be by counsel detailed in the same manner as trial counsel and defense counsel are detailed under Section 827 of this title (Article 27). In addition, the accused shall have the right to be represented by civilian or military counsel in the same manner as such counsel is provided for in subsection B of Section 838 of this title (Article 38, subsection B).C. Admissibility and use as evidence. A deposition order under subsection A of this section does not control the admissibility of the deposition in a court-martial or other proceeding under the Oklahoma Uniform Code of Military Justice. A party may use all or part of a deposition as provided by the federal Military Rules of Evidence.Added by Laws 2019, c. 408, § 56, eff. Oct. 1, 2019.
44 OK Stat § 44-850 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-850. Admissibility of sworn testimony from records of courts of inquiry.

|ARTICLE 50. Admissibility of sworn testimony from records of courts of inquiry. |A. Use as evidence by any party. 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.B. Use as evidence by defense. Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.C. Use in courts of inquiry and military boards. Such testimony may also be read in evidence before a court of inquiry or an administrative board.D. Audiotape or videotape. Sworn testimony that:1. Is recorded by audiotape, videotape, or similar method; and2. Is contained in the duly authenticated record of proceedings of a court of inquiry,shall be admissible before a court-martial, court of inquiry, or military board, to the same extent as sworn testimony may be read in evidence before any such body under this section.Added by Laws 2019, c. 408, § 57, eff. Oct. 1, 2019.
44 OK Stat § 44-850A (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-850A. Defense of lack of mental responsibility.

|ARTICLE 50A. Defense of lack of mental responsibility. |A. It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.B. The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.C. Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and shall charge them to find the accused:1. Guilty;2. Not guilty; or3. Not guilty only by reason of lack of mental responsibility.D. Subsection C of this section does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall find the accused:1. Guilty;2. Not guilty; or3. Not guilty only by reason of lack of mental responsibility.E. Notwithstanding the provisions of Section 852 of this title (Article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if:1. A majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or2. In the case of a court-martial composed of a military judge only, the military judge determines that the defense of lack of mental responsibility has been established.Added by Laws 2019, c. 408, § 58, eff. Oct. 1, 2019.
44 OK Stat § 44-851 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-851. Voting and rulings.

|ARTICLE 51. Voting and rulings. |A. Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.B. The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court, except that the military judge may change a ruling at any time during trial.C. Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them:1. That the accused shall be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt;2. That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt shall be resolved in favor of the accused and he or she shall be acquitted;3. That, if there is reasonable doubt as to the degree of guilt, the finding shall be in a lower degree as to which there is no reasonable doubt; and4. That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the government.D. This section does not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial 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 will be sufficient if the findings of fact appear therein.Added by Laws 2019, c. 408, § 59, eff. Oct. 1, 2019.