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Title 10 — Armed Forces

Part II · Chapter 47 — Uniform Code of Military Justice

§ 836. Art. 36. President may prescribe rules

Statutory text

(a)

Pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the President by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United States district courts, but which may not, except as provided in chapter 47A of this title, be contrary to or inconsistent with this chapter.

(b)

All rules and regulations made under this article shall be uniform insofar as practicable, except insofar as applicable to military commissions established under chapter 47A of this title.

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. Aug. 10, 1956, ch. 1041, 70A Stat. 50 · 70A Stat. 50

    Enacted · 10 U.S.C. § 836

    Aug. 10, 1956, ch. 1041, 70A Stat. 50

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 50

  2. Department of Defense Authorization Act, 1980

    Pub. L. 96–107 title VIII § 801(b) · 93 Stat. 803

    Substituted · 10 U.S.C. § 836(a)

    Pub. L. 96–107 substituted provisions authorizing pretrial, trial, and post-trial procedures for cases under this chapter triable in courts-martial, military commissions and other military tribunals, for provisions authorizing procedure in cases before courts-martial, military commissions, and other military tribunals

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–107 substituted provisions authorizing pretrial, trial, and post-trial procedures for cases under this chapter triable in courts-martial, military commissions and other military tribunals, for provisions authorizing procedure in cases before courts-martial, military commissions, and other military tribunals.

    Enacted provision · exact public law section
    (b) Section 836(a) of such title (article 36(a) of the Uniform Code of 10 USC 836. Military Justice) is amended by striking out “The procedure, including modes of proof, in cases before courts-martial, courts of inquiry, military commissions, and other military tribunals” and inserting in lieu thereof “Pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry,”.

  3. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 div. A title XIII § 1301(4) · 104 Stat. 1485

    Struck · 10 U.S.C. § 836(b)

    Pub. L. 101–510 struck out “and shall be reported to Congress” after “as practicable”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–510 struck out “and shall be reported to Congress” after “as practicable”.

    Enacted provision · exact public law section
    (4) Section 836(b) is amended by striking out “and shall be reported to Congress”.

  4. Military Commissions Act of 2006

    Pub. L. 109–366 § 4(a)(3)(A) · 120 Stat. 2600

    Inserted · 10 U.S.C. § 836(a)

    Pub. L. 109–366, § 4(a)(3)(A), inserted “, except as provided in chapter 47A of this title,” after “but which may not”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–366, § 4(a)(3)(A), inserted “, except as provided in chapter 47A of this title,” after “but which may not”.

    Enacted provision · exact public law section
    (A) in subsection (a), by inserting “, except as provided in chapter 47A of this title,” after “but which may not”; and

  5. Military Commissions Act of 2006

    Pub. L. 109–366 § 4(a)(3)(B) · 120 Stat. 2600

    Inserted · 10 U.S.C. § 836(b)

    Pub. L. 109–366, § 4(a)(3)(B), inserted before period at end “, except insofar as applicable to military commissions established under chapter 47A of this title”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–366, § 4(a)(3)(B), inserted before period at end “, except insofar as applicable to military commissions established under chapter 47A of this title”.

    Enacted provision · exact public law section
    (B) in subsection (b), by inserting before the period at the end “, except insofar as applicable to military commissions established under chapter 47A of this title”.

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
836(a)836(b)50:611(a).50:611(b).May 5, 1950, ch. 169, § 1 (Art. 36), 64 Stat. 120.

In subsection (a), the word “considers” is substituted for the word “deems”. The word “may” is substituted for the word “shall”.

In subsection (b), the word “under” is substituted for the words “in pursuance of”.

Editorial Notes

Amendments1979–2006 · 3 rounds

2006

Subsec. (a). Pub. L. 109–366, § 4(a)(3)(A), inserted “, except as provided in chapter 47A of this title,” after “but which may not”.

Subsec. (b). Pub. L. 109–366, § 4(a)(3)(B), inserted before period at end “, except insofar as applicable to military commissions established under chapter 47A of this title”.

1990

Subsec. (b). Pub. L. 101–510 struck out “and shall be reported to Congress” after “as practicable”.

1979

Subsec. (a). Pub. L. 96–107 substituted provisions authorizing pretrial, trial, and post-trial procedures for cases under this chapter triable in courts-martial, military commissions and other military tribunals, for provisions authorizing procedure in cases before courts-martial, military commissions, and other military tribunals.

Credits

1956–2006 · 4 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 50
  2. 1979Pub. L. 96–107, title VIII, § 801(b), , 93 Stat. 811
  3. 1990Pub. L. 101–510, div. A, title XIII, § 1301(4), , 104 Stat. 1668
  4. 2006Pub. L. 109–366, § 4(a)(3), , 120 Stat. 2631.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 50; Pub. L. 96–107, title VIII, § 801(b), , 93 Stat. 811; Pub. L. 101–510, div. A, title XIII, § 1301(4), , 104 Stat. 1668; Pub. L. 109–366, § 4(a)(3), , 120 Stat. 2631.)

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