Chapter VI · Referral, Service, Amendment, and Withdrawal of Charges
R.C.M. 602. Service of charges
2024 Manual for Courts-Martial, United States
See all changes(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.