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10 U.S.C. § 830 — Art. 30. Charges and specifications
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Charges and specifications—
(1) may be preferred only by a person subject to this chapter; and
(2) shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths.
**(b) Required Content.—** The writing under subsection (a) shall state that—
(1) the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and
(2) the matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer.
**(c) Duty of Proper Authority.—** When charges and specifications are preferred under subsection (a), the proper authority shall, as soon as practicable—
(1) inform the person accused of the charges and specifications; and
(2) determine what disposition should be made of the charges and specifications in the interest of justice and discipline.
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Stable record: federal_law:legal_authorities:record_usc_1c7eefa12c611546c841efbb
Source file: Laws/federal/codes/united-states-code/title-10/section-830-art-30-charges-and-specifications--7bffdce230.md
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Source location: Title 10, Chapter 47, § 830; chapter-047-uniform-code-of-military-justice.md
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**(a) In General.—** Charges and specifications—
(1) may be preferred only by a person subject to this chapter; and
(2) shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths.
**(b) Required Content.—** The writing under subsection (a) shall state that—
(1) the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and
(2) the matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer.
**(c) Duty of Proper Authority.—** When charges and specifications are preferred under subsection (a), the proper authority shall, as soon as practicable—
(1) inform the person accused of the charges and specifications; and
(2) determine what disposition should be made of the charges and specifications in the interest of justice and discipline.
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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) General Court-martial.—**
(1) **Staff judge advocate advice required before referral.—** — Subject to subsection (c), before referral of charges and specifications to a general court-martial for trial, the convening authority shall submit the matter to the staff judge advocate for advice, which the staff judge advocate shall provide to the convening authority in writing. The convening authority may not refer a specification under a charge to a general court-martial unless the staff judge advocate advises the convening authority in writing that—
(A) the specification alleges an offense under this chapter;
(B) there is probable cause to believe that the accused committed the offense charged; and
(C) a court-martial would have jurisdiction over the accused and the offense.
(2) **Staff judge advocate recommendation as to disposition.—** — Together with the written advice provided under paragraph (1), the staff judge advocate shall provide a written recommendation to the convening authority as to the disposition that should be made of the specification in the interest of justice and discipline.
(3) **Staff judge advocate advice and recommendation to accompany referral.—** — When a convening authority makes a referral for trial by general court-martial, the written advice of the staff judge advocate under paragraph (1) and the written recommendation of the staff judge advocate under paragraph (2) with respect to each specification shall accompany the referral.
**(b) Special Court-martial; Convening Authority Consultation With Judge Advocate.—** Subject to subsection (c), before referral of charges and specifications to a special court-martial for trial, the convening authority shall consult a judge advocate on relevant legal issues.
**(c) Covered Offenses.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 834
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) Subject to paragraph (2), a convening authority or a military judge may order depositions at the request of any party.
(2) A deposition may be ordered under paragraph (1) only if the requesting party demonstrates that, due to exceptional circumstances, it is in the interest of justice that the testimony of a prospective witness be preserved for use at a court-martial, military commission, court of inquiry, or other military court or board.
(3) A party who requests a deposition under this section shall give to every other party reasonable written notice of the time and place for the deposition.
(4) A deposition under this section shall be taken before, and authenticated by, an impartial officer, as follows:
(A) Whenever practicable, by an impartial judge advocate certified under [section 827(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827/b&num=0&edition=prelim) (article 27(b)).
(B) In exceptional circumstances, by an impartial military or civil officer authorized to administer oaths by (i) the laws of the United States or (ii) the laws of the place where the deposition is taken.
**(b) Representation by Counsel.—** Representation of the parties with respect to a deposition shall be by counsel detailed in the same manner as trial counsel and defense counsel are detailed under [section 827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827&num=0&edition=prelim) (article 27). In addition, the accused shall have the right to be represented by civilian or military counsel in the same manner as such counsel are provided for in [section 838(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section838/b&num=0&editi
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 849
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 601, act May 5, 1950, ch. 169, § 1, 64 Stat. 118, related to charges and specifications. See [section 830 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section830&num=0&edition=prelim), Armed Forces.
Section 602, act May 5, 1950, ch. 169, § 1, 64 Stat. 118, prohibited compulsory self-incrimination. See [section 831 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section831&num=0&edition=prelim).
Section 603, act May 5, 1950, ch. 169, § 1, 64 Stat. 118, related to investigations. See [section 832 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section832&num=0&edition=prelim).
Section 604, act May 5, 1950, ch. 169, § 1, 64 Stat. 119, provided for forwarding of charges. See [section 833 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section833&num=0&edition=prelim).
Section 605, act May 5, 1950, ch. 169, § 1, 64 Stat. 119, related to advice of staff judge advocate and reference for trial. See [section 834 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section834&num=0&edition=prelim).
Section 606, act May 5, 1950, ch. 169, § 1, 64 Stat. 119, provided for service of charges. See [section 835 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section835&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 601 to 606
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Federal law — U.S. Code and appendices · legal_authorities
Page 745
TITLE 10—ARMED FORCES
§ 830
98–209, § 3(d), Dec. 6, 1983, 97 Stat. 1394; Pub. L.
107–107, div. A, title V, § 582(c), Dec. 28, 2001, 115
Stat. 1124; Pub. L. 114–328, div. E, title LV, § 5187,
Dec. 23, 2016, 130 Stat. 2902.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
829(a) ......
829(b) ......
50:593(a).
50:593(b).
May 5, 1950, ch. 169, § 1
(Art. 29), 64 Stat. 117.
829(c) ......
50:593(c).
In subsections (a), (b), and (c), the word ‘‘may’’ is sub-
stituted for the word ‘‘shall’’.
In subsections (b) and (c), the word ‘‘details’’ is sub-
stituted for the word ‘‘appoints’’, since the filling of
the position involved is not appointment to an office in
the constitutional sense.
Editorial Notes
AMENDMENTS
2016—Pub. L. 114–328 amended section generally. Prior
to amendment, section related to absent and additional
members of a general or special court-martial.
2001—Subsec. (b). Pub. L. 107–107 designated existing
provisions as par. (1), substituted ‘‘the applicable min-
imum number of members’’ for ‘‘five members’’ in two
places, and added par. (2).
1983—Subsec. (a). Pub. L. 98–209 substituted ‘‘unless
excused as a result of a challenge, excused by the mili-
tary judge for physical disability or other good cause,
or excused by order of the convening authority for good
cause’’ for ‘‘except for physical disability or as a result
of a challenge or by order of the convening authority
for good cause’’.
1968—Subsec. (a). Pub. L. 90–632, § 2(11)(A), substituted
‘‘court has been assembled for the trial of the accused’’
for ‘‘accused has been arraigned’’.
Subsec. (b). Pub. L. 90–632, § 2(11)(B), inserted ref-
erence to court-martial composed of a military judge
alone, struck out reference to oath
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 830
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