Subchapter VI · Pre-trial Procedure
Article 30a. Proceedings conducted before referral
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (18)(a) IN GENERAL.—
(1) The President shall prescribe regulations for matters relating to proceedings conducted before referral of charges and specifications to court-martial for trial, including the following:
(A) Pre-referral investigative subpoenas.
(B) Pre-referral warrants or orders for electronic communications.
(C) Pre-referral matters referred by an appellate court.
(E) Pre-referral matters relating to the following:
(i) Pre-trial confinement of an accused.
(ii) The mental capacity or mental responsibility of an accused.
(iii) A request for an individual military counsel.
(2) In addition to the matters specified in paragraph (1), the regulations prescribed under that paragraph shall—
(A) set forth the matters that a military judge may rule upon in such proceedings;
(B) include procedures for the review of such rulings;
(C) include appropriate limitations to ensure that proceedings under this section extend only to matters that would be subject to consideration by a military judge in a general or special court-martial; and
(D) provide such limitations on the relief that may be ordered under this section as the President considers appropriate.
(3) If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial.
(b) DETAIL OF MILITARY JUDGE.— The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed to proceedings under subsection (a)(1).
(c) DISCRETION TO DESIGNATE MAGISTRATE TO PRESIDE.— In accordance with regulations prescribed by the Secretary concerned, a military judge detailed to a proceeding under subsection (a)(1), other than a proceeding described in subparagraph (B) of that subsection, may designate a military magistrate to preside over the proceeding.
Cross-referencesCited by 18Cites 1
Cited by
Provisions elsewhere in the Manual whose text cites Article 30a. Each link opens the citing provision.
Rules for Courts-Martial
R.C.M. 103(18) — Definitions and rules of construction
…judge” means a judge advocate designated under Article 26(c) who is detailed under Article 26(a) or Article 30a to preside over a general or special court-martial or proceeding before referral. In the context of a…
R.C.M. 103(19) — Definitions and rules of construction
…means a commissioned officer of the armed forces certified under Article 26a who is performing duties under Article 19 or 30a.
R.C.M. 309(a)(1) — Pre-referral judicial proceedings
A military judge detailed under regulations of the Secretary concerned may conduct proceedings under Article 30a, before referral of charges and specifications to court-martial for trial, and may issue such rulings and…
R.C.M. 703(g)(3)(I) — Production of witnesses and evidence
…oppressive, or prohibited by law, the military judge or, if before referral, a military judge detailed under Article 30a shall review the request and shall—
R.C.M. 703(g)(3)(J)(i) — Production of witnesses and evidence
…to appear or produce evidence, the military judge or, if before referral, a military judge detailed under Article 30a or a general court-martial convening authority, may issue a warrant of attachment to compel the attendance…
R.C.M. 703A(a) — Warrant or order for wire or electronic communications
In general. A military judge detailed in accordance with Article 26 or Article 30a, may, upon written application by a federal law enforcement officer, trial counsel, or other authorized…
Discussion under R.C.M. 802(a) — Conferences
…following referral as well as after being detailed to conduct any pre-referral proceeding pursuant to Article 30a. See R.C.M. 309. Conferences between the military judge and counsel may be held when necessary before or…
Discussion under R.C.M. 803 — Court-martial sessions without members under Article 39(a)
…R.C.M. 802 concerning conferences. See R.C.M. 309 concerning proceedings conducted before referral under Article 30a.
R.C.M. 1113(b)(1) — Sealed exhibits, proceedings, and other materials
…the staff judge advocate to the general court-martial convening authority; a military judge detailed to an Article 30a proceeding; the general court-martial convening authority; and special trial counsel for the purposes of…
Military Rules of Evidence
Mil. R. Evid. 1101(a) — Applicability of these rules
…these rules apply generally to all courts-martial, including summary courts-martial, Article 39(a) sessions, Article 30a proceedings, remands, proceedings in revision, and contempt proceedings other than contempt proceedings in…
Uniform Code of Military Justice
Art. 1(10) — Definitions
…826(c) of this title (article 26(c)) who is detailed under section 826(a) or section 830a of this title (article 26(a) or 30a)).
Art. 6b(e)(3)(A) — Rights of the victim of an offense under this chapter
…Appeals, by such means as may be prescribed by the President, subject to section 830a of this title (article 30a).
Art. 26(f) — Military judge of a general or special court-martial
…may be detailed under subsection (a) to a court-martial or a proceeding under section 830a of this title (article 30a) that is convened in a different armed force, when so permitted by the Judge Advocate General of the armed…
Art. 26a(b) — Military magistrates
…in addition to duties when designated under section 819 of this title or section 830a of this title (articles 19 or 30a), a military magistrate may be assigned to perform other duties of a nonjudicial nature.
Art. 46(d)(2) — Opportunity to obtain witnesses and other evidence in trial by court-martial
…to issue such a subpoena or a military judge issues such a subpoena pursuant to section 830a of this title (article 30a).
Art. 46(d)(3) — Opportunity to obtain witnesses and other evidence in trial by court-martial
…offense under this chapter, a military judge detailed in accordance with section 826 or 830a of this title (article 26 or 30a), may issue warrants or court orders for the contents of, and records concerning, wire or electronic…
Art. 46(e) — Opportunity to obtain witnesses and other evidence in trial by court-martial
…or is prohibited by law, a military judge detailed in accordance with section 826 or 830a of this title (article 26 or 30a) shall review the request and shall—
Art. 62(a)(1) — Appeal by the United States
In a trial by general or special court-martial, or in a pretrial proceeding under section 830a of this title (article 30a), the United States may appeal the following:
Article 30a cites
Provisions named in the text of Article 30a. Where the cited provision is on this site, the link opens it.