
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC841]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                     SUBCHAPTER VII--TRIAL PROCEDURE
 
Sec. 841. Art. 41. Challenges

    (a)(1) The military judge and members of a general or special court-
martial may be challenged by the accused or the trial counsel for cause 
stated to the court. The military judge, or, if none, the court, shall 
determine the relevancy and validity of challenges for cause, and may 
not receive a challenge to more than one person at a time. Challenges by 
the trial counsel shall ordinarily be presented and decided before those 
by the accused are offered.
    (2) If exercise of a challenge for cause reduces the court below the 
minimum number of members required by section 816 of this title (article 
16), all parties shall (notwithstanding section 829 of this title 
(article 29)) either exercise or waive any challenge for cause then 
apparent against the remaining members of the court before additional 
members are detailed to the court. However, peremptory challenges shall 
not be exercised at that time.
    (b)(1) Each accused and the trial counsel are entitled initially to 
one peremptory challenge of members of the court. The military judge may 
not be challenged except for cause.
    (2) If exercise of a peremptory challenge reduces the court below 
the minimum number of members required by section 816 of this title 
(article 16), the parties shall (notwithstanding section 829 of this 
title (article 29)) either exercise or waive any remaining peremptory 
challenge (not previously waived) against the remaining members of the 
court before additional members are detailed to the court.
    (c) Whenever additional members are detailed to the court, and after 
any challenges for cause against such additional members are presented 
and decided, each accused and the trail counsel are entitled to one 
peremptory challenge against members not previously subject to 
peremptory challenge.

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90-632, Sec. 2(17), Oct. 
24, 1968, 82 Stat. 1339; Pub. L. 101-510, div. A, title V, Sec. 541(b)-
(d), Nov. 5, 1990, 104 Stat. 1565.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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841(a)................................  50:616(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
841(b)................................  50:616(b).                            4
1), 64 Stat. 121.
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---------------------------------

    In subsection (a), the word ``may'' is substituted for the word 
``shall'' before the words ``not receive''.
    In subsection (b), the word ``the'' is inserted before the word 
``trial''. The word ``is'' is substituted for the words ``shall be''. 
The word ``may'' is substituted for the word ``shall''.


                               Amendments

    1990--Subsec. (a). Pub. L. 101-510, Sec. 541(b), designated existing 
provision as par. (1) and added par. (2).
    Subsec. (b). Pub. L. 101-510, Sec. 541(c), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``Each 
accused and the trial counsel is entitled to one peremptory challenge, 
but the military judge may not be challenged except for cause.''
    Subsec. (c). Pub. L. 101-510, Sec. 541(d), added subsec. (c).
    1968--Subsec. (a). Pub. L. 90-632, Sec. 2(17)(A), (B), inserted 
reference to the military judge and struck out references to the law 
officer of a general court-martial.
    Subsec. (b). Pub. L. 90-632, Sec. 2(17)(C), substituted ``military 
judge'' for ``law officer''.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-510 applicable only to court-martial 
convened on or after Nov. 5, 1990, see section 541(e) of Pub. L. 101-
510, set out as a note under section 839 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-632 effective first day of tenth month 
following October 1968, see section 4 of Pub. L. 90-632, set out as a 
note under section 801 of this title.
