Summary of changes
Article 35 — Service of charges; commencement of trial
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
7 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
35(a)
unchanged
Original text
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.
Current text
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.
35(b)
unchanged
Original text
COMMENCEMENT OF TRIAL.—
Current text
COMMENCEMENT OF TRIAL.—
35(b)(1)
unchanged
Original text
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—
Current text
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—
35(b)(1)(A)
unchanged
Original text
with respect to a general court-martial, from the time of service through the fifth day after the date of service; or
Current text
with respect to a general court-martial, from the time of service through the fifth day after the date of service; or
35(b)(1)(B)
unchanged
Original text
with respect to a special court-martial, from the time of service through the third day after the date of service.
Current text
with respect to a special court-martial, from the time of service through the third day after the date of service.
35(b)(2)
unchanged
Original text
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.
Current text
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.
35(b)(3)
unchanged
Original text
This subsection shall not apply in time of war.
Current text
This subsection shall not apply in time of war.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.