republic-os/legal/us/code/title-10/chapter-47/section-861.md

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LegalText	10 U.S.C. § 861	Art. 61. Waiver of right to appeal; withdrawal of appeal	us	united_states_code	code_section	10	ARMED FORCES	47	UNIFORM CODE OF MILITARY JUSTICE	861	10 U.S.C. § 861	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/s861	data/legal/raw/us/code/title-10/usc10.xml	cdd771710bfe53ff19f0ca203af83ca0abe02b0fe5d7c3e1b0c31c2b6c6cea17	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	caf60796e81d15da9e847e3dbf1551aa94cad30541d5a2555665b3419e934922	2026-07-04	official	legal us-code

10 U.S.C. § 861 - Art. 61. Waiver of right to appeal; withdrawal of appeal

Text

(a) Waiver of Right to Appeal.— After entry of judgment in a general or special court-martial, under procedures prescribed by the Secretary concerned, the accused may waive the right to appellate review in each case subject to such review under section 866 of this title (article 66). Such a waiver shall be—

(1) signed by the accused and by defense counsel; and

(2) attached to the record of trial.

(b) Withdrawal of Appeal.— In a general or special court-martial, the accused may withdraw an appeal at any time.

(c) Death Penalty Case Exception.— Notwithstanding subsections (a) and (b), an accused may not waive the right to appeal or withdraw an appeal with respect to a judgment that includes a sentence of death.

(d) Waiver or Withdrawal as Bar.— Except as provided by section 869(c)(2) of this title (article 69(c)(2)), a waiver or withdrawal under this section bars review under section 866 of this title (article 66).

(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98–209, § 5(b)(1), Dec. 6, 1983, 97 Stat. 1397; Pub. L. 114–328, div. E, title LIX, § 5325, Dec. 23, 2016, 130 Stat. 2928; Pub. L. 117–263, div. A, title V, § 544(a), Dec. 23, 2022, 136 Stat. 2582.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 86150:648.May 5, 1950, ch. 169, § 1 (Art. 61), 64 Stat. 127. The word “each” is substituted for the word “every”.

Editorial Notes

Amendments2022—Subsec. (d). Pub. L. 117–263 substituted “Except as provided by section 869(c)(2) of this title (article 69(c)(2)), a waiver” for “A waiver”. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to waiver or withdrawal of appeal. 1983—Pub. L. 98–209 amended section generally, substituting “Waiver or withdrawal of appeal” for “Same—General court-martial records” as section catchline, and, in text, substituting provisions relating to waiver or withdrawal of appeal for provisions relating to initial action by the convening authority on general court-martial records.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 AmendmentPub. L. 117–263, div. A, title V, § 544(d), Dec. 23, 2022, 136 Stat. 2583, provided that: “The amendments made by this section [amending this section and sections 866 and 869 of this title] shall not apply to— “(1) any matter that was submitted before the date of the enactment of this Act [Dec. 23, 2022] to a Court of Criminal Appeals established under section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice); or “(2) any matter that was submitted before the date of the enactment of this Act to a Judge Advocate General under section 869 of such title (article 69 of the Uniform Code of Military Justice).”

Effective Date of 2016 AmendmentAmendment 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.

Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title.