What is an Article 39a session?

• A. A proceeding before referral
• B. A session before referral with members present
• C. A proceeding after referral outside the presence of members
• D. A trial

Answer: (C)

An Article 39a session is a pretrial proceeding conducted by the military judge after charges have been referred, and it takes place outside the presence of the court-martial members. Its purpose is to handle pretrial legal and procedural matters—such as motions, suppression issues, discovery, and scheduling—without a panel, so the judge can resolve these issues before the actual trial. It is not a session before referral, not a trial, and not conducted with the members present, which is why this description best fits.