Subchapter V · Composition of Courts-Martial
Article 29. Assembly and impaneling of members; detail of new members and military judges
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (13)(a) ASSEMBLY.— The military judge shall announce the assembly of a general or special court-martial with members. After such a court-martial is assembled, no member may be absent, unless the member is excused—
(1) as a result of a challenge;
(2) under subsection (b)(1)(B); or
(3) by order of the military judge or the convening authority for disability or other good cause.
(b) IMPANELING.—
(1) Under rules prescribed by the President, the military judge of a general or special court-martial with members shall—
(A) after determination of challenges, impanel the court-martial; and
(B) excuse the members who, having been assembled, are not impaneled.
(2) In a general court-martial, the military judge shall impanel—
(A) 12 members in a capital case; and
(B) eight members in a noncapital case.
(3) In a special court-martial, the military judge shall impanel four members.
(c) ALTERNATE MEMBERS.— In addition to members under subsection (b), the military judge shall impanel alternate members, if the convening authority authorizes alternate members.
(d) DETAIL OF NEW MEMBERS.—
(1) If, after members are impaneled, the membership of the court-martial is reduced to—
(A) fewer than 12 members with respect to a general court-martial in a capital case;
(B) fewer than six members with respect to a general court-martial in a noncapital case; or
(C) fewer than four members with respect to a special court-martial;
the trial may not proceed unless the convening authority details new members and, from among the members so detailed, the military judge impanels new members sufficient in number to provide the membership specified in paragraph (2).
(2) The membership referred to in paragraph (1) is as follows:
(A) 12 members with respect to a general court-martial in a capital case.
(B) At least six but not more than eight members with respect to a general court-martial in a noncapital case.
(C) Four members with respect to a special court-martial.
(e) DETAIL OF NEW MILITARY JUDGE.— If the military judge is unable to proceed with the trial because of disability or otherwise, a new military judge shall be detailed to the court-martial.
(f) EVIDENCE.—
(1) In the case of new members under subsection (d), the trial may proceed with the new members present after the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new members, the military judge, the accused, and counsel for both sides.
(2) In the case of a new military judge under subsection (e), the trial shall proceed as if no evidence had been introduced, unless the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new military judge, the accused, and counsel for both sides.
Cross-referencesCited by 13
Cited by
Provisions elsewhere in the Manual whose text cites Article 29. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 503(a)(1)(C) — Detailing members, military judge, and counsel, and designating military magistrates
…military judge may not impanel alternate members unless expressly authorized by the convening authority. See Article 29. The procedure to be used by the military judge to impanel members and alternate members is specified in…
Discussion under R.C.M. 503(a)(2) — Detailing members, military judge, and counsel, and designating military magistrates
…court-martial where the number of members falls to six as a result of excusals after impanelment. See Article 29.
Discussion under R.C.M. 911(d) — Randomization and assembly of the court-martial panel
…which: substitution of the members and military judge may no longer take place without good cause ( see Article 29, R.C.M. 505, 902, 912); the accused may no longer, as a matter of right, request trial by military judge…
See Article 29(c), R.C.M. 503(a)(1), and R.C.M. 912A(d).
R.C.M. 912B(d) — Excusal and replacement of members after impanelment
…judge has closed the court for deliberations, if the number of members is reduced below the requirements of Article 29, trial may not proceed and the military judge shall declare a mistrial.
Uniform Code of Military Justice
Art. 16(b)(1) — Courts-martial classified
…consisting of a military judge and eight members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
Art. 16(b)(2) — Courts-martial classified
…under section 825a of this title (article 25a), subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
Art. 16(c)(1) — Courts-martial classified
…consisting of a military judge and four members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
Art. 25(e)(3) — Who may serve on courts-martial
…not less than the number of members necessary to impanel the court-martial under section 829 of this title (article 29).
Art. 25a(b) — Number of court-martial members in capital cases
CASE NO LONGER CAPITAL.— Subject to section 829 of this title (article 29)—
Art. 39(b) — Sessions
…notwithstanding the number of members of the court and without regard to section 829 of this title (article 29). If authorized by regulations of the Secretary concerned, and if at least one defense counsel is physically…
Art. 41(a)(2) — Challenges
…by section 816 of this title (article 16), all parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any challenge for cause then apparent against the remaining members of the court…
Art. 41(b)(2) — Challenges
…by section 816 of this title (article 16), the parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any remaining peremptory challenge (not previously waived) against the remaining…