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§ 33-10-61 Courts-martial classified.

SD Codified L § 33-10-61 (2019) (N/A)
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33-10-61. Courts-martial classified. The three kinds of courts-martial in the state military forces are:

(1) General courts-martial, consisting of:

(a) A military judge and not less than five members; or

(b) Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed only of a military judge and the military judge approves;

(2) Special courts-martial, consisting of:

(a) A military judge and not less than three members; or

(b) Only a military judge, if one has been detailed to the court, and the accused requests, orally on the record or in writing, a court composed only of a military judge and the military judge approves; and

(3) Summary courts-martial, consisting of one commissioned officer.Source: SL 2012, ch 175, § 42.

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§ 33-10-60 Promulgation of rules regarding records.
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§ 33-10-62 Jurisdiction of courts-martial in general.