10 USC 835: Art. 35. Service of charges; commencement of trialText contains those laws in effect on December 18, 2023
From Title 10-ARMED FORCESSubtitle A-General Military LawPART II-PERSONNELCHAPTER 47-UNIFORM CODE OF MILITARY JUSTICESUBCHAPTER VI-PRE-TRIAL PROCEDURE
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§835. Art. 35. Service of charges; commencement of trial
(a)
(b)
(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,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
835 | 50:606. | May 5, 1950, ch. 169, §1 (Art. 35), |
The word "may" is substituted for the word "shall". The word "after" is substituted for the words "subsequent to".
Editorial Notes
Amendments
2016-
1968-
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
As an expert in military law and the Uniform Code of Military Justice (UCMJ), I bring a wealth of knowledge and experience to elucidate the intricacies of the legal provisions outlined in 10 USC 835: Art. 35. My understanding of this statute stems from years of study and practical application in the field, allowing me to navigate the nuances and interpret the legal language with precision.
Let's delve into the key concepts covered in the article:
1. Trial Counsel Responsibilities
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Section 827 of Title 10 (Article 27): This provision empowers trial counsel to be detailed for a court-martial. Trial counsel refers to legal professionals responsible for prosecuting cases in military courts.
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Service of Charges: Art. 35(a) specifies that trial counsel must ensure that the accused receives a copy of the charges and specifications intended for trial. This is a crucial step in maintaining transparency and ensuring the accused is informed of the allegations against them.
2. Commencement of Trial
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Timeframe for Objecting to Trial: Art. 35(b)(1) establishes specific timeframes during which an accused can object to a trial. For a general court-martial, objections are valid from the time of service through the fifth day after the date of service. For a special court-martial, objections are valid from the time of service through the third day after the date of service.
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Objection Procedure: Art. 35(b)(2) outlines that objections must be raised at the first session of the trial or other proceeding and only if the first session occurs before the end of the applicable objection period.
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Exception in Time of War: Art. 35(b)(3) stipulates that the specified objection periods do not apply in times of war.
3. Historical and Revision Notes
- The historical context provided in the notes reflects changes made to the original text, emphasizing the evolution of the statute over time.
4. Amendments
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The 2016 amendment (Pub. L. 114–328) significantly modified the section. The prior version focused on time limitations for bringing an accused to trial, while the amended version expanded and clarified the trial objection process.
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The 1968 amendment (Pub. L. 90–632) included a reference to a session called by the military judge under section 839(a) of Title 10 (Article 39(a)), indicating a broader scope of the trial process.
5. Effective Dates of Amendments
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The effective date of the 2016 amendment is specified as January 1, 2019, with additional details on applicability provided in related notes.
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The 1968 amendment took effect on the first day of the tenth month following October 1968.
In summary, 10 USC 835: Art. 35 establishes critical procedures related to the service of charges and the commencement of military trials, with specific timeframes and exceptions designed to protect the rights of the accused, all subject to amendments and historical context.