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

Summary

President may make rules for pretrial, trial, post‑trial procedures and proof in cases under this chapter before courts‑martial, military commissions, tribunals, and courts of inquiry. The rules should follow the law and evidence used in United States district courts when practical, cannot conflict with this chapter, and must be uniform except as allowed by chapter 47A.

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