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10 U.S.C. § 827 — Art. 27. Detail of trial counsel and defense counsel
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial.
(2) No person who, with respect to a case, has served as a preliminary hearing officer, court member, military judge, military magistrate, or appellate judge, may later serve as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
**(b)** Trial counsel, defense counsel, or assistant defense counsel detailed for a general court-martial—
(1) must be a judge advocate who is qualified under [section 806(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section806/a/1&num=0&edition=prelim) (article 6(a)(1)); and
(2) must be certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member.
**(c)**
(1) Defense counsel and assistant defense counsel detailed for a special court-martial shall have the qualifications set forth in subsection (b).
(2) Trial counsel and assistant trial counsel detailed for a special court-martial and assistant trial counsel detailed for a general court-martial must be determined to be competent to perform such dut
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Source file: Laws/federal/codes/united-states-code/title-10/section-827-art-27-detail-of-trial-counsel-and-defense-counsel--3fdcebec85.md
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Source location: Title 10, Chapter 47, § 827; chapter-047-uniform-code-of-military-justice.md
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**(a)**
(1) Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial.
(2) No person who, with respect to a case, has served as a preliminary hearing officer, court member, military judge, military magistrate, or appellate judge, may later serve as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
**(b)** Trial counsel, defense counsel, or assistant defense counsel detailed for a general court-martial—
(1) must be a judge advocate who is qualified under [section 806(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section806/a/1&num=0&edition=prelim) (article 6(a)(1)); and
(2) must be certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member.
**(c)**
(1) Defense counsel and assistant defense counsel detailed for a special court-martial shall have the qualifications set forth in subsection (b).
(2) Trial counsel and assistant trial counsel detailed for a special court-martial and assistant trial counsel detailed for a general court-martial must be determined to be competent to perform such duties by the Judge Advocate General, under such rules as the President may prescribe.
**(d)** To the greatest extent practicable, in any capital case, at least one defense counsel shall, as determined by the Judge Advocate General, be learned in the law applicable to such cases. If necessary, this counsel may be a civilian and, if so, may be compensated in accordance with regulations prescribed by the Secretary of Defense.
**(e)** For each general and special court-martial for which charges and specifications were referred by a special trial counsel—
(1) a special trial counsel shall be detailed as trial counsel; and
(2) a special trial counsel may detail other trial counsel as necessary who are judge advocates.
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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.—** Trial counsel detailed for a court-martial under [section 827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827&num=0&edition=prelim) (article 27) shall cause to be served upon the accused a copy of the charges and specifications referred for trial.
**(b) Commencement of Trial.—**
(1) Subject to paragraphs (2) and (3), no trial or other proceeding of a general court-martial or a special court-martial (including any session under [section 839(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section839/a&num=0&edition=prelim) (article 39(a)) may be held over the objection of the accused—
(A) with respect to a general court-martial, from the time of service through the fifth day after the date of service; or
(B) with respect to a special court-martial, from the time of service through the third day after the date of service.
(2) An objection under paragraph (1) may be raised only at the first session of the trial or other proceeding and only if the first session occurs before the end of the applicable period under paragraph (1)(A) or (1)(B). If the first session occurs before the end of the applicable period, the military judge shall, at that session, inquire as to whether the defense objects under this subsection.
(3) This subsection shall not apply in time of war.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 835
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The trial counsel of a general or special court-martial shall prosecute in the name of the United States, and shall, under the direction of the court, prepare the record of the proceedings.
**(b)**
(1) The accused has the right to be represented in his defense before a general or special court-martial or at a preliminary hearing under [section 832 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section832&num=0&edition=prelim) (article 32) as provided in this subsection.
(2) The accused may be represented by civilian counsel if provided by him.
(3) The accused may be represented—
(A) by military counsel 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); or
(B) by military counsel of his own selection if that counsel is reasonably available (as determined under regulations prescribed under paragraph (7)).
(4) If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (3) shall act as associate counsel unless excused at the request of the accused.
(5) Except as provided under paragraph (6), if the accused is represented by military counsel of his own selection under paragraph (3)(B), any military counsel detailed under paragraph (3)(A) shall be excused.
(6) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under [section 827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827&num=0&edition=prelim) (article 27) to detail counsel, in his sole discretion—
(A) may detail additional military counsel as assistant defense counsel; and
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 838
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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 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 742
TITLE 10—ARMED FORCES
§ 827
temperament, for duty as a military mag-
istrate by the Judge Advocate General of the
armed force of which the officer is a member.
(b) DUTIES.—In accordance with regulations
prescribed by the Secretary concerned, in addi-
tion to duties when designated under section 819
or 830a of this title (article 19 or 30a), a military
magistrate may be assigned to perform other
duties of a nonjudicial nature.
(Added Pub. L. 114–328, div. E, title LV, § 5185,
Dec. 23, 2016, 130 Stat. 2901.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on Jan. 1, 2019, as designated by the
President, with implementing regulations and provi-
sions relating to applicability to various situations, see
section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out
as notes under section 801 of this title.
§ 827. Art. 27. Detail of trial counsel and defense
counsel
(a)(1) Trial counsel and defense counsel shall
be detailed for each general and special court-
martial. Assistant trial counsel and assistant
and associate defense counsel may be detailed
for each general and special court-martial. The
Secretary concerned shall prescribe regulations
providing for the manner in which counsel are
detailed for such courts-martial and for the per-
sons who are authorized to detail counsel for
such courts-martial.
(2) No person who, with respect to a case, has
served as a preliminary hearing officer, court
member, military judge, military magistrate, or
appellate judge, may later serve as trial counsel,
assistant trial counsel, or, unless expressly re-
quested by the accused, as defense counsel or as-
sistant or associate defense counsel in the same
case. No person who has acted for the prosecu-
tion may act later in the same
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 827
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