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Title 10, Armed ForcesRelease 119-102

§841 Art. 41. Challenges

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 47 — UNIFORM CODE OF MILITARY JUSTICE › SUBCHAPTER VII — TRIAL PROCEDURE › § 841

Last updated Aug 21, 2026|Official source

Summary

The accused or the prosecutor may ask to remove the military judge or any panel member for cause (for example, bias). The military judge decides if those requests are valid and will hear only one request about one person at a time. Normally, the prosecutor’s requests are decided before the accused’s. Each side gets one peremptory challenge (one removal without giving a reason) against panel members; the judge can be removed only for cause. If removing someone for cause or by peremptory would make the court smaller than the number required by section 816 (article 16), then, even if section 829 (article 29) would say otherwise, the parties must either use or give up any remaining challenges against the members who remain before new members are added. Peremptory challenges are not used during the for-cause step. When new members join, and after any for-cause requests about them are decided, each side gets one more peremptory challenge against members who have not already been subject to a peremptory challenge.

Full Legal Text

Title 10, §841

Armed Forces, Source: USLM XML via OLRC

(a)(1)The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(2)If exercise of a challenge for cause reduces the court below the number of members required by section 816 of this title (article 16), all parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.
(b)(1)Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause.
(2)If exercise of a peremptory challenge reduces the court below the number of members required by section 816 of this title (article 16), the parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any remaining peremptory challenge (not previously waived) against the remaining members of the court before additional members are detailed to the court.
(c)Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 841(a)841(b)50:616(a).50:616(b).May 5, 1950, ch. 169, § 1 (Art. 41), 64 Stat. 121. In subsection (a), the word “may” is substituted for the word “shall” before the words “not receive”. In subsection (b), the word “the” is inserted before the word “trial”. The word “is” is substituted for the words “shall be”. The word “may” is substituted for the word “shall”.

Editorial Notes

Amendments

2016—Subsec. (a)(1). Pub. L. 114–328, § 5224(1), struck out “, or, if none, the court,” before “shall determine”. Subsec. (a)(2). Pub. L. 114–328, § 5224(2), struck out “minimum” after “below the”. Subsec. (b)(2). Pub. L. 114–328, § 5224(3), struck out “minimum” after “below the”. 2011—Subsec. (c). Pub. L. 111–383 substituted “trial counsel” for “trail counsel”. 1990—Subsec. (a). Pub. L. 101–510, § 541(b), designated existing provision as par. (1) and added par. (2). Subsec. (b). Pub. L. 101–510, § 541(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.” Subsec. (c). Pub. L. 101–510, § 541(d), added subsec. (c). 1968—Subsec. (a). Pub. L. 90–632, § 2(17)(A), (B), inserted reference to the military judge and struck out references to the law officer of a general court-martial. Subsec. (b). Pub. L. 90–632, § 2(17)(C), substituted “military judge” for “law officer”.

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 1990 AmendmentAmendment by Pub. L. 101–510 applicable only to court-martial convened on or after Nov. 5, 1990, see section 541(e) of Pub. L. 101–510, set out as a note under section 839 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. § 841

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102