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Title 10, Armed ForcesRelease 119-110

§835 Art. 35. Service of Charges; Commencement of Trial

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 47 — UNIFORM CODE OF MILITARY JUSTICE › SUBCHAPTER VI — PRE-TRIAL PROCEDURE › § 835

Last updated Sep 22, 2026|Official source

Summary

The trial counsel assigned to a court-martial must give the accused a copy of the charges and the written details that will be tried. If the accused objects, a general court-martial cannot go forward from the day the copy is given through the fifth day after that day, and a special court-martial cannot go forward through the third day after that day. The accused can raise this objection only at the trial’s first session, and the military judge must ask then whether the defense objects. These timing rules do not apply in time of war.

Full Legal Text

Title 10, §835

Armed Forces, Source: USLM XML via OLRC

(a)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.
(b)Commencement of Trial.—
(1)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—
(A)with respect to a general court-martial, from the time of service through the fifth day after the date of service; or
(B)with respect to a special court-martial, from the time of service through the third day after the date of service.
(2)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.
(3)This subsection shall not apply in time of war.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 83550:606.May 5, 1950, ch. 169, § 1 (Art. 35), 64 Stat. 119. The word “may” is substituted for the word “shall”. The word “after” is substituted for the words “subsequent to”.

Editorial Notes

Amendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against his objection, be brought to trial, or be required to participate by himself or counsel in a session called by the military judge under section 839(a) of this title (article 39(a)), in a general court-martial case within a period of five days after the service of charges upon him, or in a special court-martial case within a period of three days after the service of charges upon him.” 1968—Pub. L. 90–632 inserted reference to a session called by the military judge under section 839(a) of this title (article 39(a)).

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 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 835

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110