reglab/housing_qa huggingface dataset:
NY Mil L § 130.35 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 6 - Pre-Trial Procedure 130.35 - Service of Charges.

§ 130.35. 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 shall, against his objection,  be  brought  to  trial,  or  be   required to participate by himself or counsel in a session called by the   military  judge under subdivision (a) of section 130.39 of this chapter,   in a general court-martial case within a period of five days  after  the   service  of  charges  upon  him  or  in a special court-martial within a   period of three days subsequent to the service of the charges upon him.
NY Mil L § 130.36 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.36 - Adjutant General May Prescribe Rules.

§ 130.36. Adjutant  general  may  prescribe  rules.    The  procedure,   including modes of proof, in cases  before  military  courts  and  other   military  tribunals  may  be  prescribed  by  the  adjutant  general  by   regulations issued pursuant to this chapter which shall, so  far  as  he   deems   practicable,  apply  the  forms  and  modes  of  procedure,  the   principles of law and the rules of evidence generally recognized in  the   trial  of  cases  in  the courts-martial of the United States, but which   shall not be contrary to or inconsistent with this chapter.
NY Mil L § 130.37 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.37 - Unlawfully Influencing Action of Court.

§ 130.37. Unlawfully  influencing  action of court.   (a) No authority convening a general, special, or summary court-martial,  nor  any  other commanding  officer, shall censure, reprimand, or admonish such court or any member, military judge, or counsel  thereof,  with  respect  to  the findings or sentence adjudged by the court, or with respect to any other exercise  of  its  or his functions in the conduct of the proceeding. No person subject  to  this  code  shall  attempt  to  coerce  or,  by  any unauthorized means, influence the action of a court-martial or any other military  tribunal  or  any  member thereof, in reaching the findings or sentence in any case, or the action  of  any  convening,  approving,  or reviewing  authority  with  respect  to his judicial acts. The foregoing provisions of the subdivision  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, or (2) to statements  and  instructions  given  in  open court  by  the  military judge, president of a special court-martial, 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 is qualified to be advanced,  in grade,  or  in  determining the assignment or transfer of a member or in determining whether a member should be retained on any type of  duty  or status,  no  person  subject  to this chapter 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 (2) give a less favorable rating or evaluation of any member because of the zeal with  which  such member, as counsel, represented any accused before a court-martial.
NY Mil L § 130.38 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.38 - Duties of Trial Counsel and Defense Counsel.

§ 130.38. 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 shall have the right to be represented in his  defense before  a  general  or  special  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 duly appointed pursuant to section 130.27. Should the accused have counsel of his own selection, the duly appointed defense counsel, and assistant  defense  counsel,  if any,  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.  (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  such matters as he feels should be considered in behalf of the accused on review, including any objection to the  contents  of  the record which he may deem appropriate.  (d)  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 130.27, 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 is  qualified to  be  the  defense  counsel as required by section 130.27, perform any duty imposed by law, regulation, or  the  custom  of  the  service  upon counsel for the accused.
NY Mil L § 130.39 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.39 - Sessions.

§ 130.39. 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 130.35 of this chapter, 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  chapter,  whether  or  not  the  matter is appropriate for later consideration or decision by members of the court;  (3) if permitted by  regulations  issued  pursuant  to  this  chapter, 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 chapter or under rules prescribed pursuant to  section  130.36  of  this  chapter  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.  (b) 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.
NY Mil L § 130.40 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.40 - Continuances.

§ 130.40. 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 as often, as may appear to be just.
NY Mil L § 130.41 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.41 - Challenges.

§ 130.41. Challenges.  (a) 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, or, if none, the court, 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.  (b) Each accused and trial counsel shall be entitled to one peremptory challenge, but the military judge shall not  be  challenged  except  for cause,  and  if  the president of a special court-martial is a member of the bar of this state, he shall not be challenged except for cause.
NY Mil L § 130.42 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.42 - Oaths.

§ 130.42. Oaths.  (a)  Before  performing  their  respective duties, military judges, members of general and  special  courts-martial,  trial counsel,  assistant  trial  counsel,  defense counsel, assistant 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 issued pursuant to this chapter.  These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel,  assistant trial  counsel,  defense  counsel,  or  assistant defense counsel may be taken at any time by any judge advocate or other person certified to  be qualified  or  competent for the duty, and if such oath is taken it need not again be taken at the time the judge advocate  or  other  person  is detailed to that duty.  (b)  All witnesses before military courts shall be examined on oath or affirmation.
NY Mil L § 130.43 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.43 - Statute of Limitations.

§ 130.43. Statute of limitations.  (a) 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.  (b) Except as otherwise provided in this  section,  a  person  charged with  desertion in time of peace or any of the offenses punishable under sections 130.112 and  130.113  shall  not  be  liable  to  be  tried  by court-martial  if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.  (c) Except as otherwise provided in this  article,  a  person  charged with  any  offense  shall  not be liable to be tried by court-martial or punished under section 130.15 if the offense was committed more than two years before the receipt of  sworn  charges  and  specifications  by  an officer  exercising  summary court-martial jurisdiction over the command or before the imposition of punishment under section 130.15.  (d) 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.
NY Mil L § 130.44 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.44 - Former Jeopardy.

§ 130.44. Former  jeopardy.   (a) No person shall without his consent, be tried a second time by a civil court or a 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 shall be held to be 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, subsequent to the introduction of evidence but prior  to  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 shall be a trial in the sense of this section.
NY Mil L § 130.45 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.45 - Pleas of the Accused.

§ 130.45. Pleas  of  the accused.  (a) If an accused after arraignment makes any 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 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 though he had pleaded not guilty.  (b)  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 court-martial without a military judge, a finding of guilty of the charge or specification may,  if  permitted  by  regulations  issued pursuant  to  this  chapter,  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 proceeding shall continue as though the  accused  had  pleaded not guilty.
NY Mil L § 130.46 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.46 - Opportunity to Obtain Witnesses and Other Evidence.

§ 130.46. Opportunity  to  obtain  witnesses and other evidence.   The   trial counsel, defense counsel, and the court-martial shall  have  equal   opportunity  to  obtain  witnesses and other evidence in accordance with   regulations issued by the governor pursuant to this  chapter.    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  to  any  other  state in which the court-martial may be   sitting.
NY Mil L § 130.47 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.47 - Refusal to Appear or Testify.

§ 130.47. Refusal  to  appear or testify.  Every person not subject to this code who (a) has been duly subpoenaed to appear as a witness or  to produce  books  and records before any military court or board or before any military or civil officer designated to take a deposition to be read in evidence before such military court or board; and  (b) has been duly paid or tendered the fees and mileage of  a  witness at  the  rates  allowed  to witnesses attending the supreme court of the state; and  (c) willfully neglects or refuses to appear, or refuses to qualify  as a witness or to testify or to produce any evidence which such person may have  been  duly  subpoenaed  to  produce  shall  be deemed guilty of an offense against the state and may be punished by the  supreme  court  of the  county  in  which  such  military court or board was convened or in which such military or civil officer is located, in the same manner  and to  the  same  extent  as provided for the failure to appear, refusal to qualify as a witness or to testify or refusal or failure to produce  any evidence  which such person may have been duly subpoenaed to produce, in actions or proceedings in the supreme court of the state.
NY Mil L § 130.48 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.48 - Contempts.

§ 130.48. Contempts.    A  military  court may punish for contempt any   person who uses any menacing words, signs, or gestures in its  presence,   or  who  disturbs  its  proceedings  by  any  riot  or  disorder.   Such   punishment shall not exceed confinement for thirty days or a fine of one   hundred dollars, or both.
NY Mil L § 130.49 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.49 - Depositions.

§ 130.49. Depositions.  (a) At any time after charges have been signed as  provided  in  section  130.30,  any  party  may take oral or written depositions  unless  the  military  judge  or  court-martial  without  a military  judge  hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for  the  trial  of  such charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such an authority may designate officers to  represent  the  prosecution  and  the defense and may authorize such 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  party,  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 miles from the place of trial or hearing; or  (2)  that  the  witness  by  reason  of  death,  age, sickness, bodily infirmity, imprisonment, military necessity, non-amenability 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.
NY Mil L § 130.50 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.50 - Admissibility of Records of Courts of Inquiry.

§ 130.50. Admissibility  of  records of courts of inquiry.  (a) In any case not extending to the dismissal of an 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)  Such  testimony  may  be  read in evidence only by the defense in cases extending to the dismissal of an officer.  (c) Such testimony may also be read in  evidence  before  a  court  of inquiry or a military board.
NY Mil L § 130.51 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.51 - Voting and Rulings.

§ 130.51. Voting  and  rulings.  (a) Voting by members of a general or special court-martial on the  findings  and  on  the  sentence,  and  by members  of  a  court-martial without a military judge upon questions of challenge, shall be by secret written ballot. The junior member  of  the court  shall  in each case count the votes, which 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  and, except for questions of challenge, the president of a court-martial without a military judge shall rule on  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, or by the president of  a court-martial  without  a  military judge upon any question of law other than a motion for finding of not guilty, is final  and  constitutes  the ruling  of  a  court.  However, the military judge or the president of a court-martial without a military judge may change his ruling at any time during the trial. Unless such ruling be final,  if  any  member  objects thereto,  the court shall be cleared and closed and the question decided by a vote as provided in section 130.52, viva voce, beginning  with  the junior in rank.  (c)  Before a vote is taken on the findings, the military judge or the president of a court-martial without a  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 must be presumed to be innocent until  his  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 shall 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 to establish the  guilt  of  the  accused beyond reasonable doubt is upon the state.  (d)  Subdivisions  (a),  (b)  and  (c) do 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.
NY Mil L § 130.52 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.52 - Number of Votes Required.

§ 130.52. Number  of votes required.  (a) No person shall be convicted of any offense, except as provided in subdivision (b) of section  130.45 of  this  chapter,  or  by  the concurrence of two-thirds of the members present at the time the vote is taken.  (b) All sentences shall be determined by the concurrence of two-thirds 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, but a determination to reconsider a finding  of  guilty  or  to  reconsider  a sentence,  with  a  view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration  is  not  opposed  by  the number  of votes required for that finding or sentence.  A tie vote on a challenge shall disqualify 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 shall be a  determination  against  the accused.    A tie vote on any other question shall be a determination in favor of the accused.
NY Mil L § 130.53 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.53 - Court to Announce Action.

§ 130.53. Court   to  announce  action.    Every  court-martial  shall   announce its findings and sentence to the parties as soon as determined.