
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: 10USC873]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
    SUBCHAPTER IX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
 
Sec. 873. Art. 73. Petition for a new trial

    At any time within two years after approval by the convening 
authority of a court-martial sentence, the accused may petition the 
Judge Advocate General for a new trial on the grounds of newly 
discovered evidence or fraud on the court. If the accused's case is 
pending before a Court of Criminal Appeals or before the Court of 
Appeals for the Armed Forces, the Judge Advocate General shall refer the 
petition to the appropriate court for action. Otherwise the Judge 
Advocate General shall act upon the petition.

(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 90-632, Sec. 2(33), Oct. 
24, 1968, 82 Stat. 1342; Pub. L. 103-337, div. A, title IX, 
Sec. 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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873...................................  50:660.                              Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
                                                                              7
3), 64 Stat. 132.
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    The words ``the ground'' are substituted for the word ``grounds''. 
The words ``as the case may be'' are substituted for the word 
``respectively'', since the prescribed action is alternative, not 
distributive.


                               Amendments

    1994--Pub. L. 103-337 substituted ``Court of Criminal Appeals'' for 
``Court of Military Review'' and ``Court of Appeals for the Armed 
Forces'' for ``Court of Military Appeals''.
    1968--Pub. L. 90-632 extended time during which accused may petition 
Judge Advocate General for a new trial from 1 to 2 years and struck out 
provisions which limited right to petition for a new trial to cases of 
death, dismissal, a punitive discharge, or a year or more in 
confinement.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-632 to apply in the case of all court-
martial sentences approved by the convening authority on or after, or 
not more than two years before Oct. 24, 1968, see section 4(c) of Pub. 
L. 90-632, set out as a note under section 801 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 876 of this title.
