Browse Arkansas Code titles and sections
10 U.S.C. § 835 — Art. 35. Service of charges; commencement of trial
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
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 3ba49b6882133aeffcc8d5cebe517f420c08eb1bda6480c69420ef985448abe5. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_9fcdfe84125a2748545fa8d9
Source file: Laws/federal/codes/united-states-code/title-10/section-835-art-35-service-of-charges-commencement-of-trial--b59386a016.md
Pages: Not recorded – Not recorded
Passage SHA-256: de04aa06d704bc5f5958a6475addb5c2af62624de6bdbc7d8636fb57fb225ec7
Source location: Title 10, Chapter 47, § 835; chapter-047-uniform-code-of-military-justice.md
Stored source content
**(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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 827
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 751
TITLE 10—ARMED FORCES
§ 835
and applicable with respect to preliminary hearings
conducted on or after that effective date, see section
1702(d)(1) of Pub. L. 113–66, set out as a note under sec-
tion 802 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98–209 effective first day of
eighth calendar month beginning after Dec. 6, 1983, but
not to apply to any case in which charges were referred
to trial before that date, and proceedings in any such
case to be held in the same manner and with the same
effect as if such amendments had not been enacted, see
section 12(a)(1), (3) of Pub. L. 98–209, set out as a note
under section 801 of this title.
REVIEW OF DECISIONS NOT TO REFER CHARGES OF CER-
TAIN SEX-RELATED OFFENSES
FOR TRIAL
BY COURT-
MARTIAL
Pub. L. 113–66, div. A, title XVII, § 1744, Dec. 26, 2013,
127 Stat. 980, as amended by Pub. L. 113–291, div. A, title
V, § 541, Dec. 19, 2014, 128 Stat. 3371, provided that:
‘‘(a) REVIEW REQUIRED.—
‘‘(1) IN GENERAL.—The Secretary of Defense shall re-
quire the Secretaries of the military departments to
provide for review of decisions not to refer charges
for trial by court-martial in cases where a sex-related
offense has been alleged by a victim of the alleged of-
fense.
‘‘(2) SPECIFIC REVIEW REQUIREMENTS.—As part of a
review conducted pursuant to paragraph (1), the Sec-
retary of a military department shall require that—
‘‘(A) consideration be given to the victim’s state-
ment provided during the course of the criminal in-
vestigation regarding the alleged sex-related of-
fense perpetrated against the victim; and
‘‘(B) a determination be made whether the vic-
tim’s statement and views concerning disposition of
the alleged sex-related offense were considered by
the convening auth
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 835
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.