Summary of changes
Article 62 — Appeal by the United States
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
17 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
62(a)
unchanged
Original text
Current text
62(a)(1)
unchanged
Original text
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:
Current text
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:
62(a)(1)(A)
unchanged
Original text
An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification.
Current text
An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification.
62(a)(1)(B)
unchanged
Original text
An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.
Current text
An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.
62(a)(1)(C)
unchanged
Original text
An order or ruling which directs the disclosure of classified information.
Current text
An order or ruling which directs the disclosure of classified information.
62(a)(1)(D)
unchanged
Original text
An order or ruling which imposes sanctions for nondisclosure of classified information.
Current text
An order or ruling which imposes sanctions for nondisclosure of classified information.
62(a)(1)(E)
unchanged
Original text
A refusal of the military judge to issue a protective order sought by the United States to prevent the disclosure of classified information.
Current text
A refusal of the military judge to issue a protective order sought by the United States to prevent the disclosure of classified information.
62(a)(1)(F)
unchanged
Original text
A refusal by the military judge to enforce an order described in subparagraph (E) that has previously been issued by appropriate authority.
Current text
A refusal by the military judge to enforce an order described in subparagraph (E) that has previously been issued by appropriate authority.
62(a)(1)(G)
unchanged
Original text
An order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members.
Current text
An order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members.
62(a)(2)
unchanged
Original text
Current text
62(a)(2)(A)
unchanged
Original text
An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence excluded is substantial proof of a fact material in the proceeding.
Current text
An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence excluded is substantial proof of a fact material in the proceeding.
62(a)(2)(B)
unchanged
Original text
An appeal of an order or ruling may not be taken when prohibited by section 844 of this title (article 44).
Current text
An appeal of an order or ruling may not be taken when prohibited by section 844 of this title (article 44).
62(a)(3)
unchanged
Original text
An appeal under this section shall be diligently prosecuted by appellate Government counsel.
Current text
An appeal under this section shall be diligently prosecuted by appellate Government counsel.
62(b)
unchanged
Original text
An appeal under this section shall be forwarded by a means prescribed under regulations of the President directly to the Court of Criminal Appeals and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Criminal Appeals may act only with respect to matters of law.
Current text
An appeal under this section shall be forwarded by a means prescribed under regulations of the President directly to the Court of Criminal Appeals and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Criminal Appeals may act only with respect to matters of law.
62(c)
unchanged
Original text
Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
Current text
Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
62(d)
unchanged
Original text
The United States may appeal a ruling or order of a military magistrate in the same manner as had the ruling or order been made by a military judge, except that the issue shall first be presented to the military judge who designated the military magistrate or to a military judge detailed to hear the issue.
Current text
The United States may appeal a ruling or order of a military magistrate in the same manner as had the ruling or order been made by a military judge, except that the issue shall first be presented to the military judge who designated the military magistrate or to a military judge detailed to hear the issue.
62(e)
unchanged
Original text
The provisions of this article shall be liberally construed to effect its purposes.
Current text
The provisions of this article shall be liberally construed to effect its purposes.
“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.