Chapter IX · Trial Procedures Through Findings
R.C.M. 904. Arraignment
2024 Manual for Courts-Martial, United States
See all changesArraignment shall be conducted in a court-martial session and shall consist of reading the charges and specifications to the accused and calling on the accused to plead. The accused may waive the reading.
Discussion
Arraignment is complete when the accused is called upon to plead; the entry of pleas is not part of the arraignment. The arraignment should be conducted at an Article 39(a) session. The accused may not be arraigned at a conference under R.C.M. 802. Once the accused has been arraigned, no additional charges against that accused may be referred to that court-martial for trial with the previously referred charges. See R.C.M. 601(e)(2). The defense should be asked whether it has any motions to make before pleas are entered. Some motions ordinarily must be made before a plea is entered. See R.C.M. 905(b).