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Title 10, Armed ForcesRelease 119-110

§861 Art. 61. Waiver of Right to Appeal; Withdrawal of Appeal

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 47 — UNIFORM CODE OF MILITARY JUSTICE › SUBCHAPTER IX — POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL › § 861

Last updated Sep 22, 2026|Official source

Summary

After a general or special court-martial judgment, the accused can give up the right to appeal under section 866 (article 66) if they follow the Secretary’s rules. The waiver must be signed by the accused and by defense counsel and put into the trial record. The accused can also withdraw an appeal at any time. No one may waive or withdraw an appeal if the judgment includes the death sentence. Except as allowed by section 869(c)(2) (article 69(c)(2)), a valid waiver or withdrawal stops review under section 866 (article 66).

Full Legal Text

Title 10, §861

Armed Forces, Source: USLM XML via OLRC

(a)Waiver of Right to Appeal.—
After entry of judgment in a general or special court-martial, under procedures prescribed by the Secretary concerned, the accused may waive the right to appellate review in each case subject to such review under section 866 of this title (article 66). Such a waiver shall be—
(1)signed by the accused and by defense counsel; and
(2)attached to the record of trial.
(b)Withdrawal of Appeal.—
In a general or special court-martial, the accused may withdraw an appeal at any time.
(c)Death Penalty Case Exception.—
Notwithstanding subsections (a) and (b), an accused may not waive the right to appeal or withdraw an appeal with respect to a judgment that includes a sentence of death.
(d)Waiver or Withdrawal as Bar.—
Except as provided by section 869(c)(2) of this title (article 69(c)(2)), a waiver or withdrawal under this section bars review under section 866 of this title (article 66).

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 86150:648.May 5, 1950, ch. 169, § 1 (Art. 61), 64 Stat. 127. The word “each” is substituted for the word “every”.

Editorial Notes

Amendments

2022—Subsec. (d). Pub. L. 117–263 substituted “Except as provided by section 869(c)(2) of this title (article 69(c)(2)), a waiver” for “A waiver”. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to waiver or withdrawal of appeal. 1983—Pub. L. 98–209 amended section generally, substituting “Waiver or withdrawal of appeal” for “Same—General court-martial records” as section catchline, and, in text, substituting provisions relating to waiver or withdrawal of appeal for provisions relating to initial action by the convening authority on general court-martial records.

Statutory Notes and Related Subsidiaries

Effective Date

of 2022 Amendment Pub. L. 117–263, div. A, title V, § 544(d), Dec. 23, 2022, 136 Stat. 2583, provided that: “The

Amendments

made by this section [amending this section and section 866 and 869 of this title] shall not apply to— “(1) any matter that was submitted before the date of the enactment of this Act [Dec. 23, 2022] to a Court of Criminal Appeals established under section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice); or “(2) any matter that was submitted before the date of the enactment of this Act to a Judge Advocate General under section 869 of such title (article 69 of the Uniform Code of Military Justice).”

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 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such

Amendments

had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 861

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110