§ 29:135 — Article 35. Service of charges; commencement of trial

§135. Article 35. Service of charges; commencement of trial
A. The trial counsel detailed for a court-martial under Article 27 of this Code shall
cause to be served upon the accused a copy of the charges and specifications referred for
trial.
B.(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 Article 39(A)
of this Code 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 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 period under Subparagraphs (1)(a) or (b) 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. 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.

Legislative History

Acts 1974, No. 621, §1. Amended by Acts 1979, No. 717, §1; Acts 2019, No. 373, §1.