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10 U.S.C. § 873 — Art. 73. Petition for a new trial
Federal law — U.S. Code and appendices · legal_authorities
At any time within three years after the date of the entry of judgment under [section 860c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860c&num=0&edition=prelim) (article 60c), the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pending before a Court of Criminal Appeals or before the Court of Appeals for the Armed Forces, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.
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Stable record: federal_law:legal_authorities:record_usc_53f436a0fb6e5791c1652501
Source file: Laws/federal/codes/united-states-code/title-10/section-873-art-73-petition-for-a-new-trial--4fdd10cf26.md
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Source location: Title 10, Chapter 47, § 873; chapter-047-uniform-code-of-military-justice.md
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At any time within three years after the date of the entry of judgment under [section 860c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860c&num=0&edition=prelim) (article 60c), the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pending before a Court of Criminal Appeals or before the Court of Appeals for the Armed Forces, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.
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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) Entry of Judgment of General or Special Court-martial.—**
(1) In accordance with rules prescribed by the President, in a general or special court-martial, the military judge shall enter into the record of trial the judgment of the court. The judgment of the court shall consist of the following:
(A) The Statement of Trial Results under [section 860 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860&num=0&edition=prelim) (article 60).
(B) Any modifications of, or supplements to, the Statement of Trial Results by reason of—
(i) any post-trial action by the convening authority; or
(ii) any ruling, order, or other determination of the military judge that affects a plea, a finding, or the sentence.
(2) Under rules prescribed by the President, the judgment under paragraph (1) shall be—
(A) provided to the accused and to any victim of the offense; and
(B) made available to the public.
**(b) Summary Court-martial Judgment.—** The findings and sentence of a summary court-martial, as modified by any post-trial action by the convening authority under [section 860b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860b&num=0&edition=prelim) (article 60b), constitutes the judgment of the court-martial and shall be recorded and distributed under rules prescribed by the President.
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Federal law — U.S. Code and appendices · legal_authorities
The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this chapter, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this chapter, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United States, subject only to action upon a petition for a new trial as provided in [section 873 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section873&num=0&edition=prelim) (article 73) and to action by the Secretary concerned as provided in [section 874 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section874&num=0&edition=prelim) (article 74) and the authority of the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 876
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 646, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, related to errors of law and to lesser included offense. See [section 859 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section859&num=0&edition=prelim), Armed Forces.
Section 647, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, provided for initial action on record. See [section 860 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860&num=0&edition=prelim).
Section 648, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, provided for initial action on general court-martial records. See [section 861 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section861&num=0&edition=prelim).
Section 649, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, provided for reconsideration and revision. See [section 862 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section862&num=0&edition=prelim).
Section 650, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, related to rehearings. See [section 863 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section863&num=0&edition=prelim).
Section 651, act May 5, 1950, ch. 169, § 1, 64 Stat. 128, related to approval by convening authority. See [section 864 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section864&num=0&edition=prelim).
Section 652, act May 5, 1950, ch. 169, § 1, 64 Stat. 128, provided for disposition of records after review by convening authority. See [section 865 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section865&num=0&edition=prelim).
Section 653, act May 5, 1950, ch. 169, § 1, 64 Stat. 128, provided for review by
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 646 to 663
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Federal law — U.S. Code and appendices · legal_authorities
Page 800
TITLE 10—ARMED FORCES
§ 873
(c) The suspension of any other sentence may
be vacated by any authority competent to con-
vene, for the command in which the accused is
serving or assigned, a court of the kind that im-
posed the sentence.
(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L.
114–328, div. E, title LIX, § 5335, Dec. 23, 2016, 130
Stat. 2936.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
872(a) ......
872(b) ......
50:659(a).
50:659(b).
May 5, 1950, ch. 169, § 1
(Art. 72), 64 Stat. 131.
872(c) ......
50:659(c).
In subsection (a), the word ‘‘Before’’ is substituted for
the words ‘‘Prior to’’.
In subsection (b), the words ‘‘be effective * * * to’’ are
omitted as surplusage.
The second sentence is restated to make it clear that
the execution of the rest of the court-martial sentence
is not automatic. The word ‘‘is’’ is substituted for the
words ‘‘shall * * * be’’ in the last sentence. The word
‘‘sent’’ is substituted for the word ‘‘forwarded’’. The
words ‘‘Secretary concerned’’ are substituted for the
words ‘‘Secretary of the Department’’.
Editorial Notes
AMENDMENTS
2016—Subsec. (a). Pub. L. 114–328, § 5335(a), (b)(1), in-
serted ‘‘The special court-martial convening authority
may detail a judge advocate, who is certified under sec-
tion 827(b) of this title (article 27(b)), to conduct the
hearing.’’ after first sentence and substituted ‘‘if the
probationer so desires’’ for ‘‘if he so desires’’ in last
sentence.
Subsec. (b). Pub. L. 114–328, § 5335(b)(2), substituted ‘‘If
the officer exercising general court-martial jurisdic-
tion’’ for ‘‘If he’’ and ‘‘section 857 of this title (article
57)’’ for ‘‘section 871(c) of this title (article 71(c))’’.
Statutory Notes and Related Subsid
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 873
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