Federal · Title 10 — Armed Forces

10 U.S.C. § 830a: Art. 30a. Proceedings conducted before referral

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Pre-referral investigative subpoenas. Pre-referral warrants or orders for electronic communications. Pre-referral matters referred by an appellate court. Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b). Pre-trial confinement of an accused. The mental capacity or mental responsibility of an accused. A request for an individual military counsel. set forth the matters that a military judge may rule upon in such proceedings; include procedures for the review of such rulings; include appropriate limitations to ensure that proceedings under this section extend only to matters that would be subject to consideration by a military judge in a general or special court-martial; and provide such limitations on the relief that may be ordered under this section as the President considers appropriate. If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed to proceedings under subsection (a)(1). In accordance with regulations prescribed by the Secretary concerned, a military judge detailed to a proceeding under subsection (a)(1), other than a proceeding described in subparagraph (B) of that subsection, may designate a military magistrate to preside over the proceeding.

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