reglab/housing_qa huggingface dataset:
MS Code § 33-13-185 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 9 - Appointment and Composition of Courts-Martial|§ 33-13-185. Detail of trial counsel and defense counsel

  For each general, special and summary court-martial, the authority convening the court shall detail trial counsel and defense counsel and such assistants as he considers appropriate. No person who has acted as investigating officer, military judge or court member in any case may act later as trial counsel, assistant trial counsel or, unless expressly requested by the accused, as defense counsel, or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.   Trial counsel and defense counsel detailed for any court-martial:   Must be licensed to practice law in the State of Mississippi; and   Must be certified as competent to perform such duties by the State Judge Advocate.
MS Code § 33-13-187 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 9 - Appointment and Composition of Courts-Martial|§ 33-13-187. Detail or employment of reporters and interpreters

 Under such regulations as the Governor may prescribe, the convening authority of a general or special court-martial, military commission, court of inquiry, or a military tribunal shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court, commission or tribunal. Under like regulations, the convening authority may detail or employ interpreters who shall interpret for the court, commission or tribunal.
MS Code § 33-13-189 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 9 - Appointment and Composition of Courts-Martial|§ 33-13-189. Absent and additional members

  No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused except for physical disability or as the result of a challenge or by order of the convening authority for good cause.   Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below six (6) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than six (6) members. The trial may proceed with the new members present after the recorded evidence previously introduced has been read to the court in the presence of the military judge, the accused and counsel for both sides.   Whenever a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three (3) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three (3) members. The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused, and counsel for both sides.   If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of Section 33-13-151 of this code, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.
MS Code § 33-13-251 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 11 - Pre-Trial Procedure|§ 33-13-251. Charges and specifications

  Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer of the state military forces authorized to administer oaths and shall state:   That the signed has personal knowledge of, or has investigated the matters set forth therein; and   That they are true in fact to the best of his knowledge and belief.     Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable.
MS Code § 33-13-253 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 11 - Pre-Trial Procedure|§ 33-13-253. Compulsory self-incrimination prohibited

  No person subject to this code may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him.   No person subject to this code may interrogate, or request any statement from an accused or a person suspected of any offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial, and that certified military counsel will be detailed by competent authority, or by civilian counsel if provided by the accused or suspect.   No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.   No statement obtained from any person in violation of this section or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.
MS Code § 33-13-255 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 11 - Pre-Trial Procedure|§ 33-13-255. Investigation

  No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.   The accused shall be advised of the charges against him and of his right to be represented at that investigation by counsel. Upon his own request, he shall be represented by civilian counsel if provided by him, or military counsel of his own selection if such counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation, full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.   If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination and presentation prescribed in subsection (2) of this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf.   The requirements of this section are binding on all persons administering this code, but failure to follow them does not constitute jurisdictional error.
MS Code § 33-13-257 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 11 - Pre-Trial Procedure|§ 33-13-257. Forwarding of charges

 When a person is held for trial by general court-martial, the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, he shall report in writing to that officer the reasons for delay.
MS Code § 33-13-259 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 11 - Pre-Trial Procedure|§ 33-13-259. Advice of staff judge advocate and reference for trial

  Before directing the trial of any charge by general court-martial, the convening authority shall refer it to his staff 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 this code and is warranted by evidence indicated in the report of investigation.   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 needed to make them conform to the evidence may be made.
MS Code § 33-13-261 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 11 - Pre-Trial Procedure|§ 33-13-261. 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 objections, be brought to trial or be required to participate by himself or counsel in a session called by the military judge under Section 33-13-307(1) of this code in a general court-martial case within a period of five (5) days after the service of charges upon him, or in a special court-martial case within a period of three (3) days after the service of charges upon him.
MS Code § 33-13-301 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-301. Governor may prescribe rules

 The pretrial, trial and post-trial procedures, including modes of proof, in cases before military courts and other military tribunals and courts of inquiry may be prescribed by the Governor by regulations which shall, so far as he 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 of Mississippi but which may not be contrary to or inconsistent with this code.
MS Code § 33-13-303 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-303. 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, 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 proceedings. 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, 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 of this subsection shall not apply with respect to (a) 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 court-martial, or (b) statements and instructions given in open court by the military judge, president of a special court-martial or counsel.   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 or in determining whether a member of the state military forces should be retained on duty, no person subject to this code may, in preparing any such report (a) consider or evaluate the performance of duty of any such member as a member of a court-martial, or (b) 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.
MS Code § 33-13-305 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-305. Duties of trial counsel and defense counsel

  The trial counsel of a general or special court-martial shall prosecute in the name of the State of Mississippi, and shall, under the direction of the court, prepare the record of the proceedings.   The accused has the right to be represented in his defense before a general, special or summary court-martial by civilian counsel if provided by him, or by military counsel of his own selection if reasonably available, or by the defense counsel detailed under Section 33-13-185 of this code. 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 his associate counsel; otherwise they shall be excused by the military judge or by the president of a court-martial without a military judge.   In every court-martial proceedings, the defense counsel may, in the event of conviction, forward for attachment to the recording of proceedings, a brief of such matters he feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate.   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 33-13-185 of this code, 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.   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 33-13-185 of this code, perform any duty imposed by law, regulation or the custom of the service upon counsel for the accused.
MS Code § 33-13-307 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-307. Sessions

  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 33-13-261 of this code, call the court into session without the presence of the members for the purpose of:   Hearing and determining motions raising defense or objections which are capable of determining without trial or the issue raised by a plea of not guilty;   Hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;   If permitted by regulations of the Governor, holding the arraignment and receiving the pleas of the accused; and   Performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to Section 33-13-301 of this code 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 a part of the record.     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.
MS Code § 33-13-309 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-309. Continuances

 The military judge, or a court-martial without a military judge, may, for reasonable cause, grant a continuance to any party for such time and for as often as may appear to be just.
MS Code § 33-13-311 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-311. Challenges

  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 (1) person at a time. Challenges by trial counsel shall ordinarily be presented and decided before those by the accused are offered.   Each accused and the trial counsel are entitled to one (1) preemptory challenge, but the military judge may not be challenged except for cause.
MS Code § 33-13-313 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-313. Oaths

 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 oath or affirmation shall be taken, and shall read as follows:   Court members:   "You,_______________ , do swear (or affirm) that you will faithfully perform all the duties incumbent upon you as a member of this court; that you will faithfully and impartially try, according to the evidence, your conscience, and the laws and regulations provided for trials by court-martial, the case of (the) (each) accused now before this court; and that you will not disclose or discover the vote or opinion of any particular member of the court upon a challenge or upon the findings or sentence unless required to do so before a court of justice in due course of law. So help you God."   Military judge:   "You,_______________ , do swear (or affirm) that you will faithfully and impartially perform, according to your conscience and the laws and regulations provided for trials by court-martial, all the duties incumbent upon you as military judge of this court. So help you God."   Trial counsel and assistant trial counsel:   "You,_______________(and)_______________ , do swear (or affirm) that you will faithfully perform the duties of trial counsel. So help you God."   Defense counsel and assistant defense counsel:   "You,_______________(and)_______________ , do swear (or affirm) that you will faithfully perform the duties of defense (and individual) counsel. So help you God."   Court of inquiry:   The recorder of a court of inquiry shall administer to the members the following oath: "You shall well and truly examine and inquire, according to the evidence, into the matter now before you without partiality, favor, affection, prejudice or hope of reward. So help you God." After which the president of the court shall administer to the recorder the following oath: "You do swear (or affirm) that you will according to the best of your abilities, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing. So help you God."   Witnesses:   All persons who give evidence before a court-martial or court of inquiry shall be examined on oath, administered by the presiding officer, in the following form: "You swear (or affirm) that the evidence you shall give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth. So help you God."   Reporter or interpreter:   "You swear (or affirm) that you will faithfully perform the duties of reporter (or interpreter) to this court. So help you God."
MS Code § 33-13-315 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-315. Statute of limitations

  A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation.   Except as otherwise provided in this section, a person charged with offenses punishable under this code 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.   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 the enemy, shall be excluded in computing the period of limitation prescribed in this section.
MS Code § 33-13-317 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-317. Former jeopardy

  No person may, without his consent, be tried a second time in any military court of the State of Mississippi for the same offense.   No proceedings 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.   A proceeding which, after the proper convening of the court and 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.
MS Code § 33-13-319 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-319. Pleas of the accused

  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 has entered the plea of guilty improvidently or through a lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as if he had pleaded not 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, or by a summary court officer, 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.