Subchapter VI · Pre-trial Procedure

Article 35. Service of charges; commencement of trial

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes Cited by (2)
(a) IN GENERAL.— Trial counsel detailed for a court-martial under section 827 of this title (article 27) shall cause to be served upon the accused a copy of the charges and specifications referred for trial.
(b) COMMENCEMENT OF TRIAL.—
(1) Subject to paragraphs (2) and (3), no trial or other proceeding of a general court-martial or a special court-martial (including any session under section 839(a) of this title (article 39(a)) may be held over the objection of the accused—
(A) with respect to a general court-martial, from the time of service through the fifth day after the date of service; or
(B) with respect to a special court-martial, from the time of service through the third day after the date of service.
(2) An objection under paragraph (1) may be raised only at the first session of the trial or other proceeding and only if the first session occurs before the end of the applicable period under paragraph (1)(A) or (1)(B). If the first session occurs before the end of the applicable period, the military judge shall, at that session, inquire as to whether the defense objects under this subsection.
(3) This subsection shall not apply in time of war.
Cross-referencesCited by 2Cites 2Elsewhere 1
Cited by

Provisions elsewhere in the Manual whose text cites Article 35. Each link opens the citing provision.

Rules for Courts-Martial
Discussion under R.C.M. 803 — Court-martial sessions without members under Article 39(a)
…the accused has an absolute right to object, in time of peace, to any session until the period prescribed by Article 35 has run. See R.C.M. 804 concerning waiver by the accused of the right to be present. See also R.C.M. 802…
Uniform Code of Military Justice
Art. 39(a) — Sessions
…composed of a military judge and members, the military judge may, subject to section 835 of this title (article 35), call the court into session without the presence of the members for the purpose of—
Article 35 cites

Provisions named in the text of Article 35. Where the cited provision is on this site, the link opens it.

Elsewhere on this site
Deadline calculator 2
2 time periods run from this provision (Art. 35(b)(1)(A) — 10 U.S.C. § 835(b)(1)(A); Art. 35(b)(1)(B) — 10 U.S.C. § 835(b)(1)(B))