Subchapter VII · Trial Procedure

Article 36. President may prescribe rules

2024 Manual for Courts-Martial, United States

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(a) Pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the President by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United States district courts, but which may not, except as provided in chapter 47A of this title, be contrary to or inconsistent with this chapter.
(b) All rules and regulations made under this article shall be uniform insofar as practicable, except insofar as applicable to military commissions established under chapter 47A of this title.
Cross-referencesCited by 2
Cited by

Provisions elsewhere in the Manual whose text cites Article 36. Each link opens the citing provision.

UCMJ Punitive Articles
Any other factor that may be prescribed by the President by regulations under section 836 of this title (article 36).
Uniform Code of Military Justice
Art. 39(a)(5) — Sessions
…by the military judge under this chapter or under rules prescribed pursuant to section 836 of this title (article 36) and which does not require the presence of the members of the court.