S.D. Codified Laws § 33-10-90

Current through the 2024 Legislative Session
Section 33-10-90 - Court-martial composed of military judge only-Procedure when military judge unable to proceed

If the military judge of a court-martial composed of a military judge only 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 subsections 33-10-61(1)(b) or (2)(b), 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.

SDCL 33-10-90

SL 2012, ch 175, §71.