§ 835. Art. 35. Service of charges; commencement of trial

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(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 49; Pub. L. 90–632, § 2(12), Oct. 24, 1968, 82 Stat. 1337; Pub. L. 114–328, div. E, title LVI, § 5206, Dec. 23, 2016, 130 Stat. 2908.)

The word “may” is substituted for the word “shall”. The word “after” is substituted for the words “subsequent to”.

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U.S. Code