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2013 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 47A - MILITARY COMMISSIONS (§§ 948a - 950t)
Subchapter IV - TRIAL PROCEDURE (§§ 949a - 949o)
Section 949f - Challenges

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 47A - MILITARY COMMISSIONS
SUBCHAPTER IV - TRIAL PROCEDURE
Sec. 949f - Challenges
Containssection 949f
Date2013
Laws in Effect as of DateJanuary 16, 2014
Positive LawYes
Dispositionstandard
Source CreditAdded Pub. L. 111-84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2586; amended Pub. L. 113-66, div. A, title X, §1031(b), Dec. 26, 2013, 127 Stat. 850.
Statutes at Large References120 Stat. 2613
123 Stat. 2586
127 Stat. 850
Public Law ReferencesPublic Law 109-366, Public Law 111-84, Public Law 113-66

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Challenges - 10 U.S.C. § 949f (2013)
§949f. Challenges

(a) Challenges Authorized.—The military judge and primary or alternate members of a military commission under this chapter may be challenged by the accused or trial counsel for cause stated to the military commission. The military judge shall determine the relevance and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by trial counsel shall ordinarily be presented and decided before those by the accused are offered.

(b) Peremptory Challenges.—The accused and trial counsel are each entitled to one peremptory challenge, but the military judge may not be challenged except for cause. Nothing in this section prohibits the military judge from awarding to each party such additional peremptory challenges as may be required in the interests of justice.

(c) Challenges Against Additional Members.—Whenever additional members are detailed to a military commission under this chapter, and after any challenges for cause against such additional members are presented and decided, the accused and trial counsel are each entitled to one peremptory challenge against members not previously subject to peremptory challenge.

(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2586; amended Pub. L. 113–66, div. A, title X, §1031(b), Dec. 26, 2013, 127 Stat. 850.)

PRIOR PROVISIONS

A prior section 949f, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2613, related to challenges, prior to the general amendment of this chapter by Pub. L. 111–84.

AMENDMENTS

2013—Subsec. (a). Pub. L. 113–66, §1031(b)(1), inserted "primary or alternate" before "members".

Subsec. (b). Pub. L. 113–66, §1031(b)(2), inserted at end "Nothing in this section prohibits the military judge from awarding to each party such additional peremptory challenges as may be required in the interests of justice."

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