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10 U.S.C. § 829 — Art. 29. Assembly and impaneling of members; detail of new members and military judges
Federal law — U.S. Code and appendices · legal_authorities
**(a) Assembly.—** The military judge shall announce the assembly of a general or special court-martial with members. After such a court-martial is assembled, no member may be absent, unless the member is excused—
(1) as a result of a challenge;
(2) under subsection (b)(1)(B); or
(3) by order of the military judge or the convening authority for disability or other good cause.
**(b) Impaneling.—**
(1) Under rules prescribed by the President, the military judge of a general or special court-martial with members shall—
(A) after determination of challenges, impanel the court-martial; and
(B) excuse the members who, having been assembled, are not impaneled.
(2) In a general court-martial, the military judge shall impanel—
(A) 12 members in a capital case; and
(B) eight members in a noncapital case.
(3) In a special court-martial, the military judge shall impanel four members.
**(c) Alternate Members.—** In addition to members under subsection (b), the military judge shall impanel alternate members, if the convening authority authorizes alternate members.
**(d) Detail of New Members.—**
(1) If, after members are impaneled, the membership of the court-martial is reduced to—
(A) fewer than 12 members with respect to a general court-martial in a capital case;
(B) fewer than six members with respect to a general court-martial in a noncapital case; or
(C) fewer than four members with respect to a special court-martial;
the trial may not proceed unless the convening authority details new members and, from among the members so detailed, the military judge impanels new members sufficient in number to provide the membership specified in paragraph (2).
(2) The membership referred to in paragraph (1) is as follows:
(A) 12 members with respect to a g
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Source file: Laws/federal/codes/united-states-code/title-10/section-829-art-29-assembly-and-impaneling-of-members-detail-of-new-members-and-mili--dbb8cccbf7.md
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Source location: Title 10, Chapter 47, § 829; chapter-047-uniform-code-of-military-justice.md
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**(a) Assembly.—** The military judge shall announce the assembly of a general or special court-martial with members. After such a court-martial is assembled, no member may be absent, unless the member is excused—
(1) as a result of a challenge;
(2) under subsection (b)(1)(B); or
(3) by order of the military judge or the convening authority for disability or other good cause.
**(b) Impaneling.—**
(1) Under rules prescribed by the President, the military judge of a general or special court-martial with members shall—
(A) after determination of challenges, impanel the court-martial; and
(B) excuse the members who, having been assembled, are not impaneled.
(2) In a general court-martial, the military judge shall impanel—
(A) 12 members in a capital case; and
(B) eight members in a noncapital case.
(3) In a special court-martial, the military judge shall impanel four members.
**(c) Alternate Members.—** In addition to members under subsection (b), the military judge shall impanel alternate members, if the convening authority authorizes alternate members.
**(d) Detail of New Members.—**
(1) If, after members are impaneled, the membership of the court-martial is reduced to—
(A) fewer than 12 members with respect to a general court-martial in a capital case;
(B) fewer than six members with respect to a general court-martial in a noncapital case; or
(C) fewer than four members with respect to a special court-martial;
the trial may not proceed unless the convening authority details new members and, from among the members so detailed, the military judge impanels new members sufficient in number to provide the membership specified in paragraph (2).
(2) The membership referred to in paragraph (1) is as follows:
(A) 12 members with respect to a general court-martial in a capital case.
(B) At least six but not more than eight members with respect to a general court-martial in a noncapital case.
(C) Four members with respect to a special court-martial.
**(e) Detail of New Military Judge.—** If the military judge is unable to proceed with the trial because of disability or otherwise, a new military judge shall be detailed to the court-martial.
**(f) Evidence.—**
(1) In the case of new members under subsection (d), the trial may proceed with the new members present after the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new members, the military judge, the accused, and counsel for both sides.
(2) In the case of a new military judge under subsection (e), the trial shall proceed as if no evidence had been introduced, unless the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new military judge, the accused, and counsel for both sides.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The three kinds of courts-martial in each of the armed forces are the following:
(1) General courts-martial, as described in subsection (b).
(2) Special courts-martial, as described in subsection (c).
(3) Summary courts-martial, as described in subsection (d).
**(b) General Courts-martial.—** General courts-martial are of the following three types:
(1) A general court-martial consisting of a military judge and eight members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
(2) In a capital case, a general court-martial consisting of a military judge and the number of members determined under [section 825a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section825a&num=0&edition=prelim) (article 25a), subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
(3) A general court-martial consisting of a military judge alone, 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 of a military judge alone and the military judge approves the request.
**(c) Special Courts-martial.—** Special courts-martial are of the following two types:
(1) A special court-martial consisting of a military judge and four members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
(2) A special court-martial consisting of a military judge alone—
(A) if the case is so referred, subject to [section 819 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section819&num=0&edition=prelim) (article 19) and such limitations as the President may prescribe by regulation; or
(B)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 816
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
**(b)** Any warrant officer on active duty is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
**(c)**
(1) Any enlisted member on active duty is eligible to serve on a general or special court-martial for the trial of any other enlisted member.
(2) Before a court-martial with a military judge and members is assembled for trial, an enlisted member who is an accused may personally request, orally on the record or in writing, that—
(A) the membership of the court-martial be comprised entirely of officers; or
(B) enlisted members comprise at least one-third of the membership of the court-martial, regardless of whether enlisted members have been detailed to the court-martial.
(3) Except as provided in paragraph (4), after such a request, the accused may not be tried by a general or special court-martial if the membership of the court-martial is inconsistent with the request.
(4) If, because of physical conditions or military exigencies, a sufficient number of eligible officers or enlisted members, as the case may be, is not available to carry out paragraph (2), the trial may nevertheless be held. In that event, the convening authority shall make a detailed written statement of the reasons for nonavailability. The statement shall be appended to the record.
**(d)**
(1) Except as provided in paragraph (2) for capital offenses, the accused in a court-martial with a military judge and members shall be sentenced by the military judge.
(2) In a capital case, if the a
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 825
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In a case in which the accused may be sentenced to death, the number of members shall be 12.
**(b) Case No Longer Capital.—** Subject to [section 829 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section829&num=0&edition=prelim) (article 29)—
(1) if a case is referred for trial as a capital case and, before the members are impaneled, the accused may no longer be sentenced to death, the number of members shall be eight; and
(2) if a case is referred for trial as a capital case and, after the members are impaneled, the accused may no longer be sentenced to death, the number of members shall remain 12.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to [section 835 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section835&num=0&edition=prelim) (article 35), call the court into session without the presence of the members for the purpose of—
(1) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
(2) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;
(3) holding the arraignment and receiving the pleas of the accused;
(4) conducting a sentencing proceeding and sentencing the accused under [section 853(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853/b/1&num=0&edition=prelim) (article 53(b)(1)); and
(5) performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to [section 836 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section836&num=0&edition=prelim) (article 36) and which does not require the presence of the members of the court.
**(b)** Proceedings under subsection (a) 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. These proceedings may be conducted notwithstanding the number of members of the court and without regard to [section 829 of this title](https://uscode.house.gov/view.xhtml?req
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 839
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(2) If exercise of a challenge for cause reduces the court below the number of members required by [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816&num=0&edition=prelim) (article 16), all parties shall (notwithstanding [section 829 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section829&num=0&edition=prelim) (article 29)) either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.
**(b)**
(1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause.
(2) If exercise of a peremptory challenge reduces the court below the number of members required by [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816&num=0&edition=prelim) (article 16), the parties shall (notwithstanding [section 829 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section829&num=0&edition=prelim) (article 29)) either exercise or waive any remaining peremptory challenge (not previously waived) against the remaining
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 586, act May 5, 1950, ch. 169, § 1, 64 Stat. 115, prescribed persons who may convene general courts-martial. See [section 822 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section822&num=0&edition=prelim), Armed Forces.
Section 587, act May 5, 1950, ch. 169, § 1, 64 Stat. 115, prescribed persons who may convene special courts-martial. See [section 823 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section823&num=0&edition=prelim).
Section 588, act May 5, 1950, ch. 169, § 1, 64 Stat. 116, prescribed persons who may convene summary courts-martial. See [section 824 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824&num=0&edition=prelim).
Section 589, act May 5, 1950, ch. 169, § 1, 64 Stat. 116, related to persons who may serve on courts-martial. See [section 825 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section825&num=0&edition=prelim).
Section 590, act May 5, 1950, ch. 169, § 1, 64 Stat. 117, provided for law officer of a general court-martial. See [section 826 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826&num=0&edition=prelim).
Section 591, act May 5, 1950, ch. 169, § 1, 64 Stat. 117, related to appointment of trial counsel and defense counsel. See [section 827 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827&num=0&edition=prelim).
Section 592, act May 5, 1950, ch. 169, § 1, 64 Stat. 117, provided for appointment of reporters and interpreters. See [section 828 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section828&num=0&edition=prelim).
Section 593, act May 5
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Federal law — U.S. Code and appendices · legal_authorities
Page 744
TITLE 10—ARMED FORCES
§ 828
‘‘(B) The use of skill identifiers to identify judge
advocates for participation in the pilot program
from among judge advocates having appropriate
skill and experience in military justice matters.
‘‘(C) Guidance for promotion boards considering
the selection for promotion of officers participating
in the pilot program in order to ensure that judge
advocates who are participating in the pilot pro-
gram have the same opportunity for promotion as
all other judge advocate officers being considered
for promotion by such boards.
‘‘(D) Such other matters as the Secretary con-
cerned considers appropriate.
‘‘(5) REPORT.—Not later than four years after the
date of the enactment of this Act [Dec. 23, 2016], the
Secretary concerned shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the pilot programs con-
ducted under this section. The report shall include
the following:
‘‘(A) A description and assessment of each pilot
program.
‘‘(B) Such recommendations as the Secretary con-
siders appropriate in light of the pilot programs, in-
cluding whether any pilot program should be ex-
tended or made permanent.
‘‘(e) SECRETARY CONCERNED DEFINED.—In this section,
the term ‘Secretary concerned’ has the meaning given
that term in section 101(a)(9) of title 10, United States
Code.’’
§ 828. Art. 28. Detail or employment of reporters
and interpreters
Under such regulations as the Secretary con-
cerned may prescribe, the convening authority
of a court-martial, military commission, or
court of inquiry shall detail or employ qualified
court reporters, who shall record the pro-
ceedings of and testimony taken before that
court or commission. Under like regulations the
convenin
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