§ 873. Art. 73. Petition for a new 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. 63 · 70A Stat. 63

   Enacted · 10 U.S.C. § 873

   Aug. 10, 1956, ch. 1041, 70A Stat. 63

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 63

2. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(33) · 82 Stat. 1335

   Struck · 10 U.S.C. § 873

   Pub. L. 90–632 extended time during which accused may petition Judge Advocate General for a new trial from 1 to 2 years and struck out provisions which limited right to petition for a new trial to cases of death, dismissal, a punitive discharge, or a year or more in confinement

   Source evidence

   Code amendment note
   Pub. L. 90–632 extended time during which accused may petition Judge Advocate General for a new trial from 1 to 2 years and struck out provisions which limited right to petition for a new trial to cases of death, dismissal, a punitive discharge, or a year or more in confinement.

   Enacted provision · exact public law section
   (33) Section 873 (article 73) is amended to read as follows: “§ 873. Art. 73. Petition for a new trial “At any time within two years after approval by the convening authority of a court-martial sentence, 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 Military Review or before the Court of Military Appeals, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.

3. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title IX § 924(c)(1) · 108 Stat. 2663

   1. Substituted · 10 U.S.C. § 873

      Pub. L. 103–337 substituted “Court of Criminal Appeals” for “Court of Military Review”

   2. Substituted · 10 U.S.C. § 873

      Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”

   Source evidence

   Code amendment note
   Pub. L. 103–337 substituted “Court of Criminal Appeals” for “Court of Military Review” and “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.

   Enacted provision · exact public law section
   (1) The following sections are amended by striking out “Court of Military Appeals” each place it appears and inserting in lieu thereof “Court of Appeals for the Armed Forces”: sections 707(a)(2), 866(e), 867, 867a(a), 870, 871(c)(1), 873, 942, 943, 944, 945, and 946(b)(1).

4. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LIX § 5336 · 130 Stat. 2000

   Substituted · 10 U.S.C. § 873

   Pub. L. 114–328 substituted “three years after the date of the entry of judgment under section 860c of this title (article 60c)” for “two years after approval by the convening authority of a court-martial sentence”

   Source evidence

   Code amendment note
   Pub. L. 114–328 substituted “three years after the date of the entry of judgment under section 860c of this title (article 60c)” for “two years after approval by the convening authority of a court-martial sentence”.

   Enacted provision · exact public law section
   SEC. 5336. EXTENSION OF TIME FOR PETITION FOR NEW TRIAL.   The first sentence of section 873 of title 10, United States Code (article 73 of the Uniform Code of Military Justice), is amended by striking “two years after approval by the convening authority of a court-martial sentence” and inserting “three years after the date of the entry of judgment under section 860c of this title (article 60c)”.

   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.

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