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2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 835 Art. 35. Service of charges; commencement of trial us united_states_code code_section 10 ARMED FORCES 47 UNIFORM CODE OF MILITARY JUSTICE 835 10 U.S.C. § 835 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s835 data/legal/raw/us/code/title-10/usc10.xml ccc5fff0c43fb0105a944ad811d051958bc85e9b90e3e26fe599806c5980b114 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 04fb08d180b8be095354bc12eeb95b12cc619d3baf9e8787a8ae9126eb411a6f 2026-07-04 official
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10 U.S.C. § 835 - Art. 35. Service of charges; commencement of trial

Text

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 49; Pub. L. 90632, § 2(12), Oct. 24, 1968, 82 Stat. 1337; Pub. L. 114328, div. E, title LVI, § 5206, Dec. 23, 2016, 130 Stat. 2908.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 83550:606.May 5, 1950, ch. 169, § 1 (Art. 35), 64 Stat. 119. The word “may” is substituted for the word “shall”. The word “after” is substituted for the words “subsequent to”.

Editorial Notes

Amendments2016—Pub. L. 114328 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.” 1968—Pub. L. 90632 inserted reference to a session called by the military judge under section 839(a) of this title (article 39(a)).

Statutory Notes and Related Subsidiaries

Effective Date of 2016 AmendmentAmendment by Pub. L. 114328 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. 114328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date of 1968 AmendmentAmendment by Pub. L. 90632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90632, set out as a note under section 801 of this title.