Title 10Armed ForcesRelease 119-73

§873 Art. 73. Petition for a new trial

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 47— - UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER IX— - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL › § 873

Last updated Apr 6, 2026|Official source

Summary

Within three years after judgment, the accused may ask the Judge Advocate General (JAG) for a new trial based on new evidence or fraud. If an appeals court has the case, JAG must send the request there; otherwise JAG decides it.

Full Legal Text

Title 10, §873

Armed Forces — Source: USLM XML via OLRC

At any time within three years after the date of the entry of judgment under section 860c of this title (article 60c), the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pending before a Court of Criminal Appeals or before the Court of Appeals for the Armed Forces, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 87350:660.May 5, 1950, ch. 169, § 1 (Art. 73), 64 Stat. 132. The words “the ground” are substituted for the word “grounds”. The words “as the case may be” are substituted for the word “respectively”, since the prescribed action is alternative, not distributive.

Editorial Notes

Amendments

2016—Pub. L. 114–328 substituted “three years after the date of the entry of judgment under section 860c of this title (article 60c)” for “two years after approval by the convening authority of a court-martial sentence”. 1994—Pub. L. 103–337 substituted “Court of Criminal Appeals” for “Court of Military Review” and “Court of Appeals for the Armed Forces” for “Court of Military Appeals”. 1968—Pub. L. 90–632 extended time during which accused may petition Judge Advocate General for a new trial from 1 to 2 years and struck out provisions which limited right to petition for a new trial to cases of death, dismissal, a punitive discharge, or a year or more in confinement.

Statutory Notes and Related Subsidiaries

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date

of 1968 AmendmentAmendment by Pub. L. 90–632 to apply in the case of all court-martial sentences approved by the convening authority on or after, or not more than two years before Oct. 24, 1968, see section 4(c) of Pub. L. 90–632, set out as a note under section 801 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 873

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73