40.130. Pretrial motions, arraignment, pleas, court in session without members--proceedings to be in presence of accused and counsel --exceptions, vote and deliberations of members. - Missouri Statutes

Pretrial motions, arraignment, pleas, court in session withoutmembers--proceedings to be in presence of accused and counsel--exceptions, vote and deliberations of members.

40.130. 1. At any time after the service of charges whichhave been referred for trial to a court-martial composed of amilitary judge and members, the military judge may, subject tosection 40.121 call the court into session without the presenceof the members for the purpose of:

(1) Hearing and determining motions raising defenses orobjections which are capable of determination without trial ofthe issues raised by a plea of not guilty;

(2) Hearing and ruling upon any matter which may be ruledupon by the military judge whether or not the matter isappropriate for later consideration or decision by the members ofthe court;

(3) Holding the arraignment and receiving the pleas of theaccused; and

(4) Performing any other procedural function which may beperformed by the military judge under sections 40.005 to 40.490or under rules prescribed pursuant to section 40.124 and whichdoes not require the presence of the members of the court. Theseproceedings shall be conducted in the presence of the accused,the defense counsel, and the trial counsel and shall be made partof the record.

2. 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 withcounsel or the military judge, shall be made a part of the recordand shall be in the presence of the accused, the defense counsel,the trial counsel, and, in cases in which a military judge hasbeen detailed to the court, the military judge.

(L. 1984 H.B. 1035 § 40)