reglab/housing_qa huggingface dataset:
51 PA Cons Stat § 5508 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 55 - Appointment and Composition of Courts-martial|Section 5508 - Absent and additional members

§ 5508. Absent and additional members.   (a) Authorized absence.--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 by the military judge as a result of a challenge, for physical disability or other good cause or by order of the convening authority for good cause.  (b) New members of general court-martial.--Whenever a general court-martial, other than a general court-martial composed of only a military judge, is reduced below five members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused and counsel for both sides.  (c) New members of special court-martial.--Whenever a special court-martial, other than a special court-martial composed of only a military judge, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had been introduced previously 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, the accused and counsel for both sides.  (d) New military judge of court-martial.--If the military judge of a court-martial composed of only a military judge 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 5401 (relating to courts-martial classified), 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 a stipulation thereof is read in court in the presence of the new military judge, the accused and counsel for both sides.    Cross References. Section 5508 is referred to in sections 5704, 5706 of this title.
51 PA Cons Stat § 5601 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 56 - Pretrial Procedure|Section 5601 - Charges and specifications

§ 5601. Charges and specifications.   (a) Execution and contents.--Charges and specifications shall be signed by a person subject to this part under oath before a commissioned officer authorized by this part to administer oaths and shall state: (1) That the signer has personal knowledge of or has investigated the matters set forth therein. (2) That they are true in fact to the best of the signer's knowledge and belief.  (b) Disposition.--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. The person accused shall be informed of the charges against him as soon as practicable.    Cross References. Section 5601 is referred to in section 5714 of this title.
51 PA Cons Stat § 5602 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 56 - Pretrial Procedure|Section 5602 - Compulsory self-incrimination prohibited

§ 5602. Compulsory self-incrimination prohibited.   (a) General rule.--No person subject to this part shall compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate the person.  (b) Advising accused of rights.--No person subject to this part shall interrogate or request any statement from an accused or a person suspected of an offense without first informing the person of the nature of the accusation and advising the person that he does not have to make any statement regarding the offense of which he is accused or suspected, that the person has a right to be represented by counsel and that any statement made by the person may be used as evidence against him in a trial by court-martial.  (c) Immaterial or degrading evidence.--No person subject to this part shall compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade the person.  (d) Unlawfully obtained statement inadmissible.--No statement obtained from any person in violation of this section or through the use of coercion, unlawful influence or unlawful inducement shall be received in evidence against him in a trial by court-martial.
51 PA Cons Stat § 5603 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 56 - Pretrial Procedure|Section 5603 - Investigation

§ 5603. Investigation.   (a) General rule.--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.  (b) Rights of accused.--The accused shall be advised of the charges against him and of the right to be represented at that investigation by counsel. Upon the accused's request, he shall be represented by civilian counsel if provided by him, by military counsel of his own selection if such counsel is reasonably available, by counsel appointed through procedures of the Pennsylvania National Guard or, in the absence of such specific procedures, by the person exercising general court-martial jurisdiction over the command. At such investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything the accused 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 such 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.  (c) Further investigation.--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 (b), no further investigation of that charge is necessary under this section unless it is demanded by the accused after the accused 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 the accused's own behalf.  (d) Additional offenses.--If evidence adduced in an investigation indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is: (1) present at the investigation; (2) informed of the nature of each uncharged offense investigated; and (3) afforded the rights of representation, cross-examination and presentation prescribed in subsection (b).  (e) Requirements mandatory.--The requirements of this section are binding on all persons administering this part, but failure to follow them does not constitute jurisdictional error.    Cross References. Section 5603 is referred to in sections 5605, 5703 of this title.
51 PA Cons Stat § 5604 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 56 - Pretrial Procedure|Section 5604 - Forwarding of charges

§ 5604. Forwarding of charges.  When a person is held for trial by general court-martial, the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the person exercising general court-martial jurisdiction. If that is not practicable, the commanding officer shall report in writing to that person the reasons for delay.
51 PA Cons Stat § 5605 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 56 - Pretrial Procedure|Section 5605 - Advice of judge advocate and reference for trial

§ 5605. Advice of judge advocate and reference for trial.   (a) General rule.--Before directing the trial of any charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority shall not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by a judge advocate of all of the following: (1) The specification alleges an offense under this part. (2) The specification is warranted by the evidence indicated in the report of investigation under section 5603 (relating to investigation), if there is such a report. (3) A court-martial would have jurisdiction over the accused and the offense.  (b) Advice of judge advocate.--The advice of the judge advocate under subsection (a), with respect to a specification under a charge, shall include a written and signed statement by the judge advocate expressing conclusions with respect to each matter set forth in subsection (a) and recommending action that the convening authority take regarding the specification. If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.  (c) Changes in charges and specifications.--If the charges or specifications are not correct formally 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 by the appointing authority.
51 PA Cons Stat § 5606 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 56 - Pretrial Procedure|Section 5606 - Service of charges

§ 5606. 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. No person shall, against the person's objection, be brought to trial in a general court-martial case within a period of five days after the service of charges upon the person or in a special court-martial within a period of three days after the service of charges upon the person.    Cross References. Section 5606 is referred to in section 5704 of this title.
51 PA Cons Stat § 5701 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5701 - Governor and department may prescribe rules

§ 5701. Governor and department may prescribe rules.   (a) General rule.--Pretrial, trial and posttrial procedures, including modes of proof, in court-martial cases arising under this part and for courts of inquiry may be prescribed by the Governor or the department as delegated by the Governor, by regulations, which shall apply the principles of law and the rules of evidence generally recognized in military criminal cases in courts-martial of the armed forces but which shall not be contrary to or inconsistent with this part.  (b) Uniformity.--All rules and regulations made pursuant to the provisions of this section shall be uniform insofar as practicable among the State military forces.    Cross References. Section 5701 is referred to in sections 5703, 5704 of this title.
51 PA Cons Stat § 5702 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5702 - Unlawfully influencing action of court

§ 5702. Unlawfully influencing action of court.   (a) General rule.--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 proceedings. No person subject to this part may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry 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.  (b) Exceptions.--Subsection (a) shall not apply with respect to any of the following: (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. (2) Statements and instructions given in open court by the military judge, summary court-martial officer or counsel.  (c) Performance reports on members and 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, 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 active status, no person subject to this part 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 or witness therein; or (2) give a less favorable rating or evaluation of any counsel because of the zeal with which counsel represented the accused before a court-martial.
51 PA Cons Stat § 5704 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5704 - Sessions

§ 5704. Sessions.   (a) Proceedings in absence of members.--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 5606 (relating to service of charges), 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 this section, 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 this part or under rules prescribed pursuant to section 5701 (relating to Governor and department may prescribe rules) 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. These proceedings may be conducted notwithstanding the number of court members and without regard to the provisions of section 5508 (relating to absent and additional members).  (b) Other proceedings.--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 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.    Cross References. Section 5704 is referred to in section 5504 of this title.
51 PA Cons Stat § 5705 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5705 - Continuances

§ 5705. Continuances.  The military judge of a court-martial 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.
51 PA Cons Stat § 5706 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5706 - Challenges

§ 5706. Challenges.   (a) Challenges for cause.--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. If exercise of a challenge for cause reduces the court below the minimum number of members required by section 5401 (relating to courts-martial classified), the parties shall, notwithstanding section 5508 (relating to absent and additional members), exercise or waive any challenge for cause against the remaining members of the court before additional members are detailed to the court.  (b) Preemptory challenges.--Each accused and the trial counsel are entitled to one initial peremptory challenge of members of the court. The military judge may not be challenged except for cause. When new members are detailed to the court to meet the minimum number of members required by section 5401 and after any challenges for cause against the new 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.
51 PA Cons Stat § 5707 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5707 - Oaths or affirmations

§ 5707. Oaths or affirmations.   (a) General rule.--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 or affirmation in the presence of the accused to perform their duties faithfully. The form of the oath or affirmation, the time and place of the taking thereof, the manner of recording the same and whether the oath or affirmation shall be taken for all cases in which these duties are to be performed or for a particular case shall be in accordance with regulations prescribed by the Governor or the department. These regulations may provide that an oath or affirmation to perform faithfully the 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 or designated to be qualified or competent for the duty, and, if such an oath or affirmation is taken, it need not be taken again at the time the judge advocate or other person is detailed to that duty.  (b) Witnesses.--Each witness before a court-martial shall be examined under oath or affirmation.
51 PA Cons Stat § 5708 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5708 - Statute of limitations

§ 5708. Statute of limitations.   (a) Two-year limitation.--Except as otherwise provided in this part, a person subject to this part charged with any offense shall not be liable to be tried by court-martial or punished under section 5301 (relating to commanding officer's nonjudicial punishment) if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of nonjudicial punishment under section 5301.  (b) Computation of period of limitation.--The following shall be excluded in computing the period of limitation prescribed in this section: (1) Periods in which the accused was absent without authority or fleeing from justice. (2) Periods in which the accused was absent from territory in which the Commonwealth has the authority to apprehend him or in the custody of civil authorities or in the hands of the enemy. (3) When the United States is at war, periods during war and until two years after the termination of hostilities as proclaimed by the President or by a joint resolution of Congress, when the accused commits any offense: (i) involving fraud or attempted fraud against the United States, the Commonwealth or any agency thereof in any manner, whether by conspiracy or not; (ii) in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States or the Commonwealth; or (iii) in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation or other termination or settlement of any contract, subcontract or purchase order which is connected with or related to the prosecution of the war or with any disposition of termination inventory by any war contractor or government agency.  (c) Subsequent action not barred.--If charges or specifications are dismissed before trial as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired or will expire within 180 days after the date of dismissal, trial and punishment under new charges and specifications are not barred by the statute of limitations if the new charges and specifications: (1) are received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and (2) allege the same acts or omissions that were included in the dismissed charges or specifications.    Cross References. Section 5708 is referred to in section 5105 of this title.
51 PA Cons Stat § 5709 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5709 - Former jeopardy

§ 5709. Former jeopardy.   (a) General rule.--No person subject to this part shall, without the person's consent, be tried a second time for the same offense. Prosecution under this part 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.  (b) Definition of trial.--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.