Arizona § 26-1039 - Sessions
Full text of Arizona Arizona Revised Statutes § 26-1039 — Sessions, with citation guidance and answers to common questions.
§ 26-1039. 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, subject to section 26-1035, may call the court into session without the presence of the members but conducted in the presence of the accused, the defense counsel and the trial counsel and as part of the record, 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 on any matter which may be ruled on 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.
3. If permitted by rules of the adjutant general, holding the arraignment and receiving the pleas of the accused.
4. Performing any other procedural function which may be performed by the military judge and which does not require the presence of the members of the court.
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.
Frequently Asked Questions About Arizona § 26-1039
What does Arizona Revised Statutes § 26-1039 cover?
Section 26-1039 ("Sessions") is part of the Arizona Revised Statutes, the codified statutory law of Arizona. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Arizona § 26-1039?
A common citation format is "Arizona Revised Statutes § 26-1039" (Arizona). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Arizona law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Arizona official source linked on this page or consult a licensed Arizona attorney.
How does Arizona § 26-1039 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Arizona can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Arizona.