§836 — Title 10 Armed Forces | U.S. Code

Summary

The President may make rules for how cases under this law are handled before, during, and after trials, including rules about evidence and inquiries, for courts-martial, military commissions, and other military tribunals. When practical, those rules should follow the legal and evidence practices used in U.S. district courts, but they must not conflict with this chapter except as allowed in chapter 47A of this title. All rules made under this article must be uniform when possible, except for rules that apply to military commissions under chapter 47A of this title.

Title 10, §836

Armed Forces — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 836(a)836(b)50:611(a).50:611(b).May 5, 1950, ch. 169, § 1 (Art. 36), 64 Stat. 120. In subsection (a), the word “considers” is substituted for the word “deems”. The word “may” is substituted for the word “shall”. In subsection (b), the word “under” is substituted for the words “in pursuance of”.

Editorial Notes

Amendments

2006—Subsec. (a). Pub. L. 109–366, § 4(a)(3)(A), inserted “, except as provided in chapter 47A of this title,” after “but which may not”. Subsec. (b). Pub. L. 109–366, § 4(a)(3)(B), inserted before period at end “, except insofar as applicable to military commissions established under chapter 47A of this title”. 1990—Subsec. (b). Pub. L. 101–510 struck out “and shall be reported to Congress” after “as practicable”. 1979—Subsec. (a). Pub. L. 96–107 substituted provisions authorizing pretrial, trial, and post-trial procedures for cases under this chapter triable in courts-martial, military commissions and other military tribunals, for provisions authorizing procedure in cases before courts-martial, military commissions, and other military tribunals.

§836 Art. 36. President may prescribe rules