Page 247 - Trump Executive Orders 2017-2021

9950 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

other charges for a single trial at any time before arraignment if all necessmy procedural
requirements concerning the additional charges have been complied with. After arraignment
of the accused upon charges, no additional charges may be referred to the same trial without
consent of the accused.
(3) Joinder of accused. Allegations against tv.;o or more accused may be referred for joint trial
ifthe accused are alleged to have pa11icipated in the same act or transaction or in the same series
of acts or transactions constituting an offense or offenses. Such accused may be charged in one
or more specifications together or separately, and every accused need not be charged in each
specification. Related allegations against two or more accused which may be proved by
substantially the same evidence may be referred to a common trial.
(f) Superior convening authorities. Except as otherwise provided in these rules, a superior
competent authority may cause charges, whether or not referred, to be transmitted to the
authority for further consideration, including, if appropriate, referral.
(g) Parallel convening authorities. If it is impracticable for the original convening authority to
continue exercising authority over the charges, the convening authority may cause the charges,
even if referred, to be transmitted to a parallel convening authority. This transmittal must be in
writing and in accordance with such regulations as the Secretary concerned may prescribe.
Subsequent actions taken by the parallel convening authority are within the sole discretion of that
convening authority.

Rule 602. Service of charges; commencement of trial
(a) Service of charges. Trial counsel detailed to the court-martial to which charges have been
referred for trial shall cause to be served upon each accused a copy of the charge sheet.
(b) Commencement of trial.
(1) Except in time ofwar, no person may, over objection, be brought to trial by general or
special court-martial-including an Article 39(a) session-within the following time periods:
(A) In a general court-martial, from the time of service of charges under subsection (a)
through the fifth day after the date of service.
(B) In a special court-martial, from the time of service of charges under subsection (a)
through the third day after the date of service.
(2) If the first session ofthe court-martial occurs before the end of the applicable period
under paragraph (1), the military judge shall, at the beginning of that session, inquire as to
whether the defense objects to proceeding during the applicable period. If the defense objects,
the trial may not proceed. If the defense does not object, the issue is waived.

Rule 603. Changes to charges and specifications
(a) In general. Any person forwarding, acting upon, or prosecuting charges on behalf of the
United States except a preliminary hearing officer appointed under R.C.M. 405 may make
major and minor changes to charges or specifications in accordance with this rule.
(b) _Major and minor changes defined.
(I) A1qjor changes. A major change is one that adds a party, an offense, or a substantial
matter not fairly included in the preferred charge or specification, or that is likely to mislead the
accused as to the offense charged.
(2) Minor changes. A minor change in a charge or specification is any change other than a
major change.
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(c) l'vfqjor and minor changes before referral. Before referral, subject to paragraph (d)(2), a
major or minor change may be made to any charge or specification.

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