Article 41 — Challenges | Manual for Courts-Martial

Subchapter VII · Trial Procedure

Article 41. Challenges

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes Cited by (2)

(a)

(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.

(2) If exercise of a challenge for cause reduces the court below the number of members required 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 before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.

(b)

(1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause.

(2) If exercise of a peremptory challenge reduces the court below the number of members required 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 members of the court before additional members are detailed to the court.

(c) Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.

Cross-referencesCited by 2Cites 2

Cited by

Provisions elsewhere in the Manual whose text cites Article 41. Each link opens the citing provision.

Rules for Courts-Martial

Discussion under R.C.M. 912(g)(2) — Challenge of selection of members; examination and challenges of members (41(c))

…whose presence is directed in accordance with R.C.M. 912A, after examination and challenges for cause. See Article 41(c). If a military judge orders the presence of additional detailed members for examination in accordance with…

Uniform Code of Military Justice

Art. 44(c)(2)(A) — Former jeopardy

…section 842 of this title (article 42)and after completion of challenges under section 841 of this title (article 41), are impaneled; and

Article 41 cites

Provisions named in the text of Article 41. Where the cited provision is on this site, the link opens it.