§ 835. Art. 35. Service of charges; commencement of trial

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 49 · 70A Stat. 49

   Enacted · 10 U.S.C. § 835

   Aug. 10, 1956, ch. 1041, 70A Stat. 49

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 49

2. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(12) · 82 Stat. 1335

   Inserted · 10 U.S.C. § 835

   Pub. L. 90–632 inserted reference to a session called by the military judge under section 839(a) of this title (article 39(a))

   Source evidence

   Code amendment note
   Pub. L. 90–632 inserted reference to a session called by the military judge under section 839(a) of this title (article 39(a)).

   Enacted provision · exact public law section
   (12) Section 835 (article 35) is amended by striking out the second sentence and inserting the following in place thereof: “In time of peace no person may, against his objection, be brought to trial, or be required to participate by himself or counsel in a session called by the Infra. military judge under section 839(a) of this title (article 39(a)), in a general court-martial case within a period of five days after the service of charges upon him, or in a special court-martial case within a period of three days after the service of charges upon him.”

3. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LVI § 5206 · 130 Stat. 2000

   Amended · 10 U.S.C. § 835

   Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against his objection, be brought to trial, or be required to participate by himself or counsel in a session called by the military judge under section 839(a) of this title (article 39(a)), in a general court-martial case within a period of five days after the service of charges upon him, or in a special court-martial case within a period of three days after the service of charges upon him.”

   Source evidence

   Code amendment note
   Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against his objection, be brought to trial, or be required to participate by himself or counsel in a session called by the military judge under section 839(a) of this title (article 39(a)), in a general court-martial case within a period of five days after the service of charges upon him, or in a special court-martial case within a period of three days after the service of charges upon him.”

   Enacted provision · exact public law section
   SEC. 5206. SERVICE OF CHARGES AND COMMENCEMENT OF TRIAL.   Section 835 of title 10, United States Code (article 35 of the Uniform Code of Military Justice), is amended to read as follows: “§ 835. Art. 35. Service of charges; commencement of trial “(a) In General.— Trial counsel detailed for a court-martial under section 827 of this title (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 (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.” .

   Effective date note
   Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability 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.

2 of 3 references resolved to an enrolled provision · 1 partial