Chapter IX · Trial Procedures Through Findings
R.C.M. 904. Arraignment
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (4)Arraignment 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).
Cross-referencesCited by 4Cites 4Elsewhere 1
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 904. Each link opens the citing provision.
Rules for Courts-Martial
R.C.M. 707(b)(1) — Speedy trial
…count. The accused is brought to trial within the meaning of this rule at the time of arraignment under R.C.M. 904.
R.C.M. 707(b)(3)(D) — Speedy trial
…a rehearing. An accused is brought to trial within the meaning of this rule at the time of arraignment under R.C.M. 904 or, if arraignment is not required (such as in the case of a sentence-only rehearing), at the time of the…
Discussion under R.C.M. 803 — Court-martial sessions without members under Article 39(a)
…evidence; and perform other procedural functions which do not require the presence of members. See , e.g., R.C.M. 901–910. The military judge may hold the arraignment, receive pleas, enter findings of guilty upon an accepted plea…
R.C.M. 901(e) — Opening session
Presence of members. The procedures described in R.C.M. 901 through 910 shall be conducted without members present in accordance with the procedures set forth in R.C.M. 803.
R.C.M. 904 cites
Provisions named in the text of R.C.M. 904. Where the cited provision is on this site, the link opens it.