1. (1) No member of a general or special court-martial may be absent or excused after the accused has been arraigned except for physical disability or as the result of a challenge or by order of the convening authority for good cause.
2. (2) Whenever a general court-martial is reduced below five members, the trial may not proceed unless the convening authority appoints new members sufficient in number to provide not less than five members. When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the military judge, the accused, and counsel.
3. (3) Except for a lawfully convened special court-martial that consists of a military judge alone, as described in section 28-3.1-201 (2)(b)(II), whenever a special court-martial is reduced to fewer than three members, the trial must not proceed unless the convening authority appoints new members sufficient in number to provide at least three members. When the new members have been sworn, the trial may proceed as if no evidence was previously introduced, unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.

Source: L. 83: Entire article added, p. 1172, § 1, effective June 10. L. 2025: (3) amended, (SB 25-279), ch. 411, p. 2337, § 9, effective September 1.

Editor's note: Section 18(2) of chapter 411 (SB 25-279), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed on or after September 1, 2025.