ARTICLE 35. Service of charges; commencement of trial.
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 paragraph 2 of this subsection, no trial or other proceeding of a general court-martial or a special court-martial, including any session under subsection A of Section 839 of this title (Article 39, subsection 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 of this subsection 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 periods under subparagraph a or b of paragraph 1 of this subsection. 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.
C. Continuances. Upon a showing of good cause, the military judge in a general or special court-martial may grant a continuance of any hearing in which the presence of the accused is required.
Added by Laws 2019, c. 408, § 42, eff. Oct. 1, 2019.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.