Article 39. Sessions.

1. (a) At any time after the service of charges that have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to article 35, call the court into session without the presence of the members for the purpose of:

   1. (1) hearing and determining motions raising defenses or objections that are capable of determination without trial of the issues raised by a plea of not guilty;
   2. (2) hearing and ruling upon any matter that may be ruled upon by the military judge under this code, whether or not the matter is appropriate for later consideration or decision by the members of the court;
   3. (3) holding the arraignment and receiving the pleas of the accused; and
   4. (4) performing any other procedural function that does not require the presence of the members of the court under this code. These proceedings shall be conducted in the presence of the accused, the defense counsel and the trial counsel and shall be made a part of the record..
2. (b) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel and the military judge.