South Dakota Codified Laws 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.
Terms Used In South Dakota Codified Laws 33-10-90
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Record: when used in connection with the proceedings of a court-martial:
(a) An official written transcript, written summary, or other writing relating to the proceedings. See South Dakota Codified Laws 33-10-20
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: SL 2012, ch 175, § 71.