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10 U.S.C. § 830a — Art. 30a. Proceedings conducted before referral

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 830a — Art. 30a. Proceedings conducted before referral

**(a) In General.—** (1) The President shall prescribe regulations for matters relating to proceedings conducted before referral of charges and specifications to court-martial for trial, including the following: (A) Pre-referral investigative subpoenas. (B) Pre-referral warrants or orders for electronic communications. (C) Pre-referral matters referred by an appellate court. (D) Pre-referral matters under subsection (c) or (e) of [section 806b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section806b&num=0&edition=prelim) (article 6b). (E) Pre-referral matters relating to the following: (i) Pre-trial confinement of an accused. (ii) The mental capacity or mental responsibility of an accused. (iii) A request for an individual military counsel. (2) In addition to the matters specified in paragraph (1), the regulations prescribed under that paragraph shall— (A) set forth the matters that a military judge may rule upon in such proceedings; (B) include procedures for the review of such rulings; (C) include appropriate limitations to ensure that proceedings under this section extend only to matters that would be subject to consideration by a military judge in a general or special court-martial; and (D) provide such limitations on the relief that may be ordered under this section as the President considers appropriate. (3) If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial. **(b) Detail of Military Judge.—** The Secretary concerned shall prescribe regulations providing for the manner in which military j

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Source location: Title 10, Chapter 47, § 830a; chapter-047-uniform-code-of-military-justice.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

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

10 U.S.C. § 806b — Art. 6b. Rights of the victim of an offense under this chapter

**(a) Rights of a Victim of an Offense Under This Chapter.—** A victim of an offense under this chapter has the following rights: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any of the following: (A) A public hearing concerning the continuation of confinement prior to trial of the accused. (B) 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) relating to the offense. (C) A court-martial relating to the offense. (D) A post-trial motion, filing, or hearing that may address the finding or sentence of a court-martial with respect to the accused, unseal privileged or private information of the victim, or result in the release of the accused. (E) A public proceeding of the service clemency and parole board relating to the offense. (F) The release or escape of the accused, unless such notice may endanger the safety of any person. (3) The right not to be excluded from any public hearing or proceeding described in paragraph (2) unless the military judge or preliminary hearing officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim of an offense under this chapter would be materially altered if the victim heard other testimony at that hearing or proceeding. (4) The right to be reasonably heard at any of the following: (A) A public hearing concerning the continuation of confinement prior to trial of the accused. (B) A sentencing hearing relating to the offense. (C) A public proceeding of the service clemency and parole board relating to the offense. (5) The reasonable right to confer with the counsel re

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 826 — Art. 26. Military judge of a general or special court-martial

**(a)** A military judge shall be detailed to each general and special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed for such courts-martial and for the persons who are authorized to detail military judges for such courts-martial. The military judge shall preside over each open session of the court-martial to which he has been detailed. **(b)** A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and who is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military judge by the Judge Advocate General of the armed force of which such military judge is a member. **(c)** (1) In accordance with regulations prescribed under subsection (a), a military judge of a general or special court-martial shall be designated for detail by the Judge Advocate General of the armed force of which the military judge is a member. (2) Neither the convening authority nor any member of the staff of the convening authority shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to the military judge’s performance of duty as a military judge. (3) A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial— (A) may perform such duties only when the officer is assigned and directly responsible to the Judge Advocate General of the armed force of which the military judge is a member; and (B) may perform duties of a judicial or nonjudicial nature other than those relating to the officer’s primary duty

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 846 — Art. 46. Opportunity to obtain witnesses and other evidence in trials by court-martial

**(a) Opportunity To Obtain Witnesses and Other Evidence.—** In a case referred for trial by court-martial, the trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe. **(b) Subpoena and Other Process Generally.—** Any subpoena or other process issued under this section (article)— (1) shall be similar to that which courts of the United States having criminal jurisdiction may issue; (2) shall be executed in accordance with regulations prescribed by the President; and (3) shall run to any part of the United States and to the Commonwealths and possessions of the United States. **(c) Subpoena and Other Process for Witnesses.—** A subpoena or other process may be issued to compel a witness to appear and testify— (1) before a court-martial, military commission, or court of inquiry; (2) at a deposition under [section 849 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section849&num=0&edition=prelim) (article 49); or (3) as otherwise authorized under this chapter. **(d) Subpoena and Other Process for Evidence.—** (1) **In general.—** — A subpoena or other process may be issued to compel the production of evidence— (A) for a court-martial, military commission, or court of inquiry; (B) for a deposition under [section 849 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section849&num=0&edition=prelim) (article 49); (C) for an investigation of an offense under this chapter; or (D) as otherwise authorized under this chapter. (2) **Investigative subpoena.—** — An investigative subpoena under paragraph (1)(C) may be issued before referral of charges to a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 862 — Art. 62. Appeal by the United States

**(a)** (1) In a trial by general or special court-martial, or in a pretrial proceeding under [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section830a&num=0&edition=prelim) (article 30a), the United States may appeal the following: (A) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification. (B) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding. (C) An order or ruling which directs the disclosure of classified information. (D) An order or ruling which imposes sanctions for nondisclosure of classified information. (E) A refusal of the military judge to issue a protective order sought by the United States to prevent the disclosure of classified information. (F) A refusal by the military judge to enforce an order described in subparagraph (E) that has previously been issued by appropriate authority. (G) An order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members. (2) (A) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence excluded is substantial proof of a fact material in the proceeding. (B) An appeal of an order or ruling may not be taken when prohibited by [section 844 of this title](https://uscode.house.gov/view.xhtml?r

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 830a — Art. 30a. Proceedings conducted before re-

Page 746 TITLE 10—ARMED FORCES § 830a HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 830(a) ...... 830(b) ...... 50:601(a). 50:601(b). May 5, 1950, ch. 169, § 1 (Art. 30), 64 Stat. 118. In subsection (a), the word ‘‘they’’ is substituted for the words ‘‘the same’’. The word ‘‘commissioned’’ is in- serted for clarity. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: ‘‘(a) Charges and specifications shall be signed by a person subject to this chapter under oath before a com- missioned officer of the armed forces authorized to ad- minister oaths and shall state— ‘‘(1) that the signer has personal knowledge of or has investigated, the matters set forth therein; and ‘‘(2) that they are true in fact to the best of his knowledge and belief. ‘‘(b) Upon the preferring of charges, the proper au- thority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as prac- ticable.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. TIMELY DISPOSITION OF NONPROSECUTABLE SEX- RELATED OFFENSES Pub. L. 116–92, div. A, title V, § 540C, Dec. 20, 2019, 133 Stat. 1366, provided that: ‘‘(a) POLICY REQUIRED.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 830a

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