reglab/housing_qa huggingface dataset:
RI Gen L § 30-13-36 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-36 - Advice of state judge advocate and reference for trial.

§ 30-13-36. Advice of state judge advocate and reference for trial.(a) 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 or she has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation.(b) 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, may be made.History of Section.G.L. 1956, § 30-13-36; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-37 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-37 - Service of charges.

§ 30-13-37. Service of charges.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 may, against his or her objection, be brought to trial before a general court-martial within a period of five (5) days after the service of the charges upon the person, or before a special court-martial within a period of three (3) days after the service of the charges upon the person.History of Section.G.L. 1956, § 30-13-37; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-38 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-38 - Confinement pending trial - Bail.

§ 30-13-38. Confinement pending trial — Bail.When an accused person shall have been arrested for failure to appear before a court-martial for trial, the president of the court-martial or summary court officer to whom the charges have been referred for trial may issue a commitment for the confinement of that person pending trial. In these cases, the accused shall be admitted to bail, the amount of bail fixed, and the surety or sureties thereon approved by the president of the court-martial or the summary court officer issuing the commitment. In default of bail, that person shall be confined pending trial. No person shall be kept in confinement pending trial for more than five (5) days.History of Section.G.L. 1956, § 30-13-38; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-39 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-39 - Governor may prescribe procedure.

§ 30-13-39. Governor may prescribe procedure.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, so far as he or she considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the state, but which may not be contrary to, or inconsistent with, this code.History of Section.G.L. 1956, § 30-13-39; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-40 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-40 - Unlawfully influencing action of court.

§ 30-13-40. Unlawfully influencing action of court.No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, law officer, 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 this code may attempt to coerce or, by any unauthorized means, influence the action of the court-martial or any other military tribunal, or any member thereof, or an investigating officer, 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.History of Section.G.L. 1956, § 30-13-40; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-41 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-41 - Duties of trial counsel and defense counsel.

§ 30-13-41. Duties of trial counsel and defense counsel.(a) The trial counsel of a general or special court-martial shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings.(b) The accused has the right to be represented in his or her defense before a general or special court-martial by civilian counsel if provided by the accused, or by military counsel of his or her own selection if reasonably available, or by the defense counsel detailed under § 30-13-29. Should the accused have counsel of his or her own selection, the defense counsel, and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as his or her associate counsel; otherwise they shall be excused by the president of the court.(c) 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 those matters counsel feels should be considered in behalf of the accused on review, including any objection to the contents of the record that he or she considers appropriate.(d) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he or she is qualified to be a trial counsel as required by § 30-13-29, 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.(e) An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he or she is qualified to be the defense counsel as required by § 30-13-29, perform any duty imposed by law, regulation, or the custom of the service, upon counsel for the accused.History of Section.G.L. 1956, § 30-13-41; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
RI Gen L § 30-13-42 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-42 - Sessions.

§ 30-13-42. Sessions.Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. After a general court-martial 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.History of Section.G.L. 1956, § 30-13-42; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-43 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-43 - Continuances.

§ 30-13-43. 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.History of Section.G.L. 1956, § 30-13-43; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-44 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-44 - Challenges.

§ 30-13-44. 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, but 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.History of Section.G.L. 1956, § 30-13-44; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-45 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-45 - Oaths.

§ 30-13-45. Oaths.(a) The law officer, interpreters, and, in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.(b) Each witness before a military court shall be examined on oath or affirmation.History of Section.G.L. 1956, § 30-13-45; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-46 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-46 - Statute of limitations.

§ 30-13-46. Statute of limitations.(a) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or mutiny, may be tried and punished at any time without limitation.(b) Except as otherwise provided in this section, a person charged with desertion in time of peace or with the offense punishable under § 30-13-116 is not liable to be tried by court-martial if the offense was committed more than three (3) 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 section, a person charged with any offense is not liable to be tried by court-martial or punished under § 30-13-15 if the offense was committed more than two (2) 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 § 30-13-15.(d) Periods in which the accused was absent from territory in which the state has the authority to apprehend him or her, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.History of Section.G.L. 1956, § 30-13-46; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-47 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-47 - Double jeopardy.

§ 30-13-47. Double jeopardy.(a) No person may, without his or her consent, be tried a second time in any military court of the state for the same offense.(b) 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.(c) 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.History of Section.G.L. 1956, § 30-13-47; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-48 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-48 - Entering of not-guilty plea by court.

§ 30-13-48. Entering of not-guilty plea by court.If an accused arraigned before a court-martial makes an irregular pleading; or after a plea of guilty sets up matters inconsistent with the plea; or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect; or if the accused 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.History of Section.G.L. 1956, § 30-13-48; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-49 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-49 - Opportunity to obtain witnesses and other evidence.

§ 30-13-49. Opportunity to obtain witnesses and other evidence.(a) 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.(b) The president of a court-martial or a summary court officer may:(1) 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;(2) Issue subpoenas duces tecum and other subpoenas;(3) Enforce, by attachment, the attendance of witnesses and the production of books and papers; and(4) Sentence persons for refusal to be sworn or to answer, as provided in actions before civil courts of the state.(c) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state and shall be executed by civil officers as prescribed by the laws of the state.History of Section.G.L. 1956, § 30-13-49; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-50 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-50 - Refusal to appear or testify.

§ 30-13-50. Refusal to appear or testify.Any person not subject to this code 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 a military court;(2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the superior courts of the 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;is guilty of an offense against the state and a military court may punish that person in the same manner as the civil courts of the state.History of Section.G.L. 1956, § 30-13-50; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-51 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-51 - Contempt.

§ 30-13-51. Contempt.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 riot or disorder. The punishment may not exceed confinement for thirty (30) days or a fine of one hundred dollars ($100), or both.History of Section.G.L. 1956, § 30-13-51; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-52 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-52 - Depositions.

§ 30-13-52. Depositions.(a) At any time after charges have been signed, as provided in § 30-13-32, any party may take oral or written depositions unless 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, the authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.(b) 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.(c) Depositions may be taken before, and authenticated by, any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.(d) 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 resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of one hundred (100) miles from the place of trial or hearing;(2) That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or(3) That the present whereabouts of the witness is unknown.History of Section.G.L. 1956, § 30-13-52; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-53 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-53 - Admissibility of records of courts of inquiry.

§ 30-13-53. Admissibility of records of courts of inquiry.(a) 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 had the opportunity to cross-examine the witness and if the same issue was involved or if the accused consents to the introduction of the evidence.(b) This testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.(c) This testimony may also be read in evidence before a court of inquiry or a military board.History of Section.G.L. 1956, § 30-13-53; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-54 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-54 - Voting and rulings by court-martial.

§ 30-13-54. Voting and rulings by court-martial.(a) Voting by members of a general or special court-martial upon questions of challenge, on the findings, and on the sentence shall be by secret written ballot, provided that, upon questions of challenge, the challenged member shall not be entitled to vote. The junior member of the court shall in each case 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 law officer of a general court-martial and the president of a special court-martial shall rule upon interlocutory questions, other than challenge, arising during the proceedings. Any ruling made by the law officer of a general court-martial or by the president of a special court-martial upon any interlocutory question other than a motion for a finding of not guilty, or the question of the accused's sanity, is final and constitutes the ruling of the court. However, the law officer or president may change the ruling at any time during the trial except a ruling on a motion for a finding of not guilty that was granted. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote, as provided in § 30-13-55, beginning with the junior in rank.(c) Before a vote is taken on the findings, the law officer of a general court-martial and the president of a special court-martial shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:(1) That the accused must 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 must be resolved in favor of the accused and he or she must be acquitted;(3) That, 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(4) That the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the state.History of Section.G.L. 1956, § 30-13-54; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-55 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-55 - Number of votes required.

§ 30-13-55. Number of votes required.(a) No person may be convicted of an offense, except by concurrence of two-thirds (⅔) of the members present at the time the vote is taken.(b) All sentences shall be determined by the concurrence of two-thirds (⅔) of the members present at the time that the vote is taken.(c) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. 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.History of Section.G.L. 1956, § 30-13-55; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-56 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-56 - Court to announce action.

§ 30-13-56. Court to announce action.A court-martial shall announce its findings and sentence to the parties as soon as determined.History of Section.G.L. 1956, § 30-13-56; P.L. 1962, ch. 82, § 1.
RI Gen L § 30-13-57 (2021)
2021 Rhode Island General Laws|Title 30 - Military Affairs and Defense|Chapter 30-13 - Rhode Island Code of Military Justice|Section 30-13-57 - Record of trial.

§ 30-13-57. Record of trial.(a) Each court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticated by the signatures of the president and the law officer. If the record cannot be authenticated by either the president or the law officer by reason of his or her death, disability, or absence, it shall be signed by a member in lieu of him or her. If both the president and the law officer are unavailable, the record shall be authenticated by two (2) members. A record of the proceedings of a trial in which the sentence adjudged includes dishonorable discharge, dismissal, or bad-conduct discharge, or is more than that which could be adjudged by a special court-martial, shall contain a verbatim account of the proceedings and testimony before the court. All other records of trial shall contain such matters and be authenticated in such a manner as the governor may by regulation prescribe.(b) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated. If a verbatim record of trial by general court-martial is not required by subsection (a) of this section, but has been made, the accused may buy the verbatim record under such regulations as the governor may prescribe.History of Section.G.L. 1956, § 30-13-57; P.L. 1962, ch. 82, § 1.