Federal · Title 10 — Armed Forces

10 U.S.C. § 835: Art. 35. Service of charges; commencement of trial

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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. with respect to a general court-martial, from the time of service through the fifth day after the date of service; or with respect to a special court-martial, from the time of service through the third day after the date of service. 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. This subsection shall not apply in time of war.

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