Oklahoma § 44-839 - Sessions
Full text of Oklahoma Oklahoma Statutes § 44-839 — Sessions, with citation guidance and answers to common questions.
§ 44-839. Sessions
ARTICLE 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 835 of this
title (Article 35), 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 the Oklahoma Uniform Code of Military
Justice, 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;
4. Conducting a sentencing proceeding and sentencing the
accused under paragraph 1 of subsection B of Section 853 of this
title (Article 53, subsection B, paragraph 1); and
5. Performing any other procedural function which may be
performed by the military judge under the Code or under rules
prescribed pursuant to Section 836 of this title (Article 36) and
which does not require the presence of the members of the court.
B. Proceedings under subsection A of this section 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 members
of the court and without regard to Section 829 of this title
Oklahoma Statutes - Title 44. Militia
(Article 29). If authorized by regulations promulgated by the
Adjutant General, and if at least one defense counsel is physically
in the presence of the accused, the presence required by this
subsection may otherwise be established by audiovisual technology,
such as video-teleconferencing technology.
C. 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 the military judge.
D. The findings, holdings, interpretations, and other
precedents of military commissions under Chapter 47A of Title 10 of
the United States Code:
1. May not be introduced or considered in any hearing, trial,
or other proceeding of a court-martial under the Code; and
2. May not form the basis of any holding, decision, or other
determination of a court-martial.
Added by Laws 2019, c. 408, § 46, eff. Oct. 1, 2019.
Frequently Asked Questions About Oklahoma § 44-839
What does Oklahoma Statutes § 44-839 cover?
Section 44-839 ("Sessions") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. 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 Oklahoma § 44-839?
A common citation format is "Oklahoma Statutes § 44-839" (Oklahoma). 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 Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 44-839 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma 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 Oklahoma.