(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 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 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 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 trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.
Structure US Code
Subtitle A— General Military Law
CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER VII— TRIAL PROCEDURE
§ 836. Art. 36. President may prescribe rules
§ 837. Art. 37. Command influence
§ 838. Art. 38. Duties of trial counsel and defense counsel
§ 843. Art. 43. Statute of limitations
§ 844. Art. 44. Former jeopardy
§ 845. Art. 45. Pleas of the accused
§ 846. Art. 46. Opportunity to obtain witnesses and other evidence in trials by court-martial
§ 847. Art. 47. Refusal of person not subject to chapter to appear, testify, or produce evidence
§ 850. Art. 50. Admissibility of sworn testimony from records of courts of inquiry
§ 850a. Art. 50a. Defense of lack of mental responsibility
§ 851. Art. 51. Voting and rulings
§ 852. Art. 52. Votes required for conviction, sentencing, and other matters
§ 853. Art. 53. Findings and sentencing