31-2A-49
Section 31-2A-49 (Article 49.) Depositions. (a) At any time after charges have been signed
as provided in Section 31-2A-30 (Article 30), any party may take oral or written depositions
unless the military judge or summary court-martial officer hearing the case or, if the case
is not being heard, an authority competent to convene a court-martial for the trial of those
charges forbids it for good cause. (b) The party at whose instance a deposition is to be taken
shall give to every other party reasonable written notice of the time and place for taking
the deposition. (c) Depositions may be taken before and authenticated by any military or civil
officer authorized by the laws of the state or by the laws of the place where the deposition
is taken to administer oaths. (d) A duly authenticated deposition taken upon reasonable notice
to the other parties, so far as otherwise admissible under the rules of evidence, may be read
in evidence or, in the case of audiotape, videotape, digital image...
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31-2A-50a
Section 31-2A-50a (Article 50a.) Defense of lack of mental responsibility. (a) It is an affirmative
defense in a trial by court-martial that, at the time of the commission of the acts constituting
the offense, the accused, as a result of a severe mental disease or defect, was unable to
appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect
does not otherwise constitute a defense. (b) The accused has the burden of proving the defense
of lack of mental responsibility by clear and convincing evidence. (c) Whenever lack of mental
responsibility of the accused with respect to an offense is properly at issue, the military
judge shall instruct the members of the court as to the defense of lack of mental responsibility
under this article and charge members to find the accused any one of the following: (1) Guilty.
(2) Not guilty. (3) Not guilty only by reason of lack of mental responsibility. (d) Subsection
(c) does not apply to a court-martial composed of a...
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26-2A-35
Section 26-2A-35 Jury trial. (a) Except for proceedings in a court having general equity jurisdiction,
a party is entitled to a trial by a jury of six disinterested persons in any proceeding to
determine the incapacity of the individual and in other proceedings as to which a party has
a constitutional right or a right under this chapter to a trial by jury. In any proceeding
in a court having general equity jurisdiction, the right to trial by jury shall be determined
under Alabama Rules of Civil Procedure, Rule 38. (b) If there is no right to trial by jury
under subsection (a) or the right is waived, the court in its discretion may call a jury to
decide any issue of fact, in which case the verdict is advisory only. (Acts 1987, No. 87-590,
p. 975, §1-306.)...
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31-2A-20
Section 31-2A-20 (Article 20.) Jurisdiction of summary courts-martial.. (a) Subject to Section
31-2A-17 (Article 17), summary courts-martial have jurisdiction to try persons subject to
this code, except officers, cadets, candidates, and midshipmen, for any offense made punishable
by this code under such limitations as the Governor may prescribe. (b) No person with respect
to whom summary courts-martial have jurisdiction may be brought to trial before a summary
court-martial if that person objects thereto. If objection to trial by summary court-martial
is made by an accused, trial by special or general courts-martial may be ordered, as may be
appropriate. Summary courts-martial, under such limitations as the Governor may prescribe,
may adjudge any punishment not forbidden by this code except dismissal, dishonorable or bad-conduct
discharge, confinement, restriction to specified limits for more than two months, or forfeiture
of more than 15 days of pay. (Act 2012-334, p. 790, §1.)...
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31-2A-36
Section 31-2A-36 (Article 36.) Governor or the Adjutant General may prescribe rules Pretrial,
trial, and post-trial procedures, including modes of proof, for court-martial cases arising
under this code, and for courts of inquiry, may be prescribed by the Governor or the Adjutant
General by rules, or as otherwise provided by law, which shall apply the principles of law
and the rules of evidence generally recognized in military criminal cases in the courts of
the Armed Forces but which may not be contrary to or inconsistent with this code. (Act 2012-334,
p. 790, §1.)...
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31-2A-46
Section 31-2A-46 (Article 46.) Opportunity to obtain witnesses and other evidence; subpoena.
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity
to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process
issued in court-martial cases to compel witnesses to appear and testify and to compel the
production of other evidence shall apply the principles of law and the rules of courts-martial
generally recognized in military criminal cases in the courts of the Armed Forces of the United
States, but which may not be contrary to or inconsistent with this code. Process shall run
to any part of the United States, or the territories, commonwealths, and possessions, and
may be executed by civil officers as prescribed by the laws of the place where the witness
or evidence is located or outside of the United States. A court-martial convened under this
code may subpoena and compel the presence of witnesses and the production...
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31-2A-23
Section 31-2A-23 (Article 23.) Who may convene special courts-martial. (a) Special courts-martial
may be convened by any one of the following: (1) Any person who may convene a general court-martial.
(2) The commanding officer of a brigade, regiment, a group, or a corresponding unit of the
Army. (3) The commanding officer of a wing, group, or corresponding unit of the Air Force.
(4) The commanding officer or officer in charge of any other command when empowered by the
Adjutant General. (b) If any such officer is an accuser, the court shall be convened by superior
competent authority and may in any case be convened by the superior authority if considered
desirable by the authority. (Act 2012-334, p. 790, §1.)...
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31-2A-24
Section 31-2A-24 (Article 24.) Who may convene summary court-martial. (a) Summary courts-martial
may be convened by any one of the following: (1) Any person who may convene a general or special
courts-martial. (2) The commanding officer of a battalion, or corresponding unit of the Army.
(3) The commanding officer of a detached squadron or other detachment, or corresponding unit
of the Air Force. (4) The commanding officer or officer in charge of any other command when
empowered by the Adjutant General. (b) When only one commissioned officer is present with
a command or detachment that officer shall be the summary court-martial of that command or
detachment and shall hear and determine all summary courts-martial cases. Summary court-martial,
however, may be convened in any case by superior competent authority if considered desirable
by the authority. (Act 2012-334, p. 790, §1.)...
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37-1-143
Section 37-1-143 Review of case to be upon certified record or transcript; remand of case to
commission for additional proceedings; employment of special masters, accountants, consultants,
etc., by chief justice. The court shall review the case upon the certified record or transcript
of the commission, and no new or additional evidence shall be introduced or oral testimony
heard, but the court may, in advance of its judgment, remand the case to the commission for
the purpose of taking additional testimony or other proceedings. In the event the court, in
advance of its judgment, does not remand the case to the commission for the purpose of taking
additional testimony or other proceedings, then the court shall have up to 180 days from the
date the case is submitted to the court to render its judgment. For the purpose of carrying
out the provisions of this subdivision 2, the chief justice of the supreme court, with the
advice and consent of the supreme court, is hereby authorized to...
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31-2A-50
Section 31-2A-50 (Article 50.) Admissibility of records of courts of inquiry. (a) In any case
not extending to the dismissal of a commissioned officer, the sworn testimony, contained in
the duly authenticated record of proceedings of a court of inquiry, of a person whose oral
testimony cannot be obtained, if otherwise admissible under the rules of evidence, may be
read in evidence by any party before a court-martial if the accused was a party before the
court of inquiry and if the same issue was involved or if the accused consents to the introduction
of such evidence. (b) Such testimony may be read in evidence only by the defense in cases
extending to the dismissal of a commissioned officer. (c) Such testimony may also be read
in evidence before a court of inquiry. (Act 2012-334, p. 790, §1.)...
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