Chapter VI · Referral, Service, Amendment, and Withdrawal of Charges
R.C.M. 602. Service of charges
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (7)(a) Service of charges. Trial counsel detailed to the court-martial to which charges have been referred for trial shall cause to be served upon each accused a copy of the charge sheet.
Discussion
Trial counsel should comply with this rule immediately upon receipt of the charges. Whenever after service the charges are amended or changed the trial counsel must give notice of the changes to the defense counsel. Whenever such amendments or changes add a new party, a new offense, or substantially new allegations, the charge sheet so amended or changed must be served anew. See R.C.M. 603. Service may be made only upon the accused; substitute service upon defense counsel is insufficient. The trial counsel should promptly inform the defense counsel when charges have been served. If the accused has questions when served with charges, the accused should be told to discuss the matter with defense counsel.
(b) Commencement of trial.
(1) Except in time of war, no person may, over objection, be brought to trial by general or special court-martial—including an Article 39(a) session— within the following time periods:
(A) In a general court-martial, from the time of service of charges under subsection (a) through the fifth day after the date of service.
(B) In a special court-martial, from the time of service of charges under subsection (a) through the third day after the date of service.
(2) If the first session of the court-martial occurs before the end of the applicable period under paragraph (1), the military judge shall, at the beginning of that session, inquire as to whether the defense objects to proceeding during the applicable period. If the defense objects, the trial may not proceed. If the defense does not object, the issue is waived.
Cross-referencesCited by 7Cites 2Elsewhere 2
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 602. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 308(a) — Notification to accused of charges and required disclosures
…However, in cases where charges are immediately referred after preferral, service of referred charges under R.C.M. 602 fulfills the notice requirement of this rule. In those cases, the notice certificate on the charge sheet…
Discussion under R.C.M. 502(d)(4) — Qualifications and duties of personnel of courts-martial
…of referred charges, the trial counsel should cause a copy of the charges to be served upon the accused. See R.C.M. 602. The trial counsel should: examine the charge sheet and allied papers for completeness and correctness;…
Discussion under R.C.M. 603(d)(2) — Changes to charges and specifications
…appropriate, preliminary hearing are necessary. When charges are re-referred, they must be served anew under R.C.M. 602.
R.C.M. 701(a)(1) — Discovery
…accompanying charges; convening orders; statements. As soon as practicable after service of charges under R.C.M. 602, the trial counsel shall provide the defense with copies of, or, if extraordinary circumstances make it…
…charge sheet, convening order, and any amending orders before calling the initial session to order. See also R.C.M. 602(b)(1) concerning the waiting periods applicable after service of charges in general and special courts-martial.
Discussion under R.C.M. 905(b)(1) — Motions generally
…include unsworn charges, inadequate Article 32 preliminary hearing, and inadequate pretrial advice. See R.C.M. 307, 401–407, 601–604, 906(b)(3).
Discussion under R.C.M. 906(b)(1) — Motions for appropriate relief
…the order of trial of related cases; and illness of an accused, counsel, military judge, or member. See also R.C.M. 602, 803.
R.C.M. 602 cites
Provisions named in the text of R.C.M. 602. Where the cited provision is on this site, the link opens it.