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U.S. Code as of:
01/19/04
Section 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.
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