Title 10, Armed ForcesRelease 119-73not60

§949p–2 Pretrial Conference

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 47A— MILITARY COMMISSIONS › Subchapter V— CLASSIFIED INFORMATION PROCEDURES › § 949p–2

Last updated Apr 3, 2026|Official source

Summary

Any time after charges are served, either side can ask for a pretrial conference to deal with classified information. The military judge must quickly hold the conference after a request or on the judge’s own motion. If needed to protect secrets, the judge must hold part of the meeting with only one side present, following federal practice under the Classified Information Procedures Act (18 U.S.C. App.). At the conference the military judge will set deadlines for discovery, the notice required under section 949p–5, and the start of the process in section 949p–6. The judge can also handle other classified issues or anything that helps a fair, speedy trial. Any admission by the accused or their lawyer at the conference cannot be used against the accused unless it is written and signed by both.

Full Legal Text

Title 10, §949p–2

Armed Forces, Source: USLM XML via OLRC

(a)At any time after service of charges, any party may move for a pretrial conference to consider matters relating to classified information that may arise in connection with the prosecution.
(b)Following a motion under subsection (a), or sua sponte, the military judge shall promptly hold a pretrial conference. Upon request by either party, the court shall hold such conference ex parte to the extent necessary to protect classified information from disclosure, in accordance with the practice of the Federal courts under the Classified Information Procedures Act (18 U.S.C. App.).
(c)(1)At the pretrial conference, the military judge shall establish the timing of—
(A)requests for discovery;
(B)the provision of notice required by section 949p–5 of this title; and
(C)the initiation of the procedure established by section 949p–6 of this title.
(2)At the pretrial conference, the military judge may also consider any matter—
(A)which relates to classified information; or
(B)which may promote a fair and expeditious trial.
(d)No admission made by the accused or by any counsel for the accused at a pretrial conference under this section may be used against the accused unless the admission is in writing and is signed by the accused and by the counsel for the accused.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Classified Information Procedures Act, referred to in subsec. (b), is Pub. L. 96–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Reference

Citations & Metadata

Citation

10 U.S.C. § 949p–2

Title 10, Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60