U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER VII— TRIAL PROCEDURE

10 U.S.C. § 841

Art. 41. Challenges

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(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.(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, § 2(17), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 101–510, div. A, title V, § 541(b)–(d), Nov. 5, 1990, 104 Stat. 1565; Pub. L. 111–383, div. A, title X, § 1075(b)(13), Jan. 7, 2011, 124 Stat. 4369; Pub. L. 114–328, div. E, title LVII, § 5224, Dec. 23, 2016, 130 Stat. 2909.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

841(a)

841(b)

50:616(a).

50:616(b).

May 5, 1950, ch. 169, § 1 (Art. 41), 64 Stat. 121.

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”.

Editorial NotesAmendments

2016—Subsec. (a)(1). Pub. L. 114–328, § 5224(1), struck out “, or, if none, the court,” before “shall determine”.

Subsec. (a)(2). Pub. L. 114–328, § 5224(2), struck out “minimum” after “below the”.

Subsec. (b)(2). Pub. L. 114–328, § 5224(3), struck out “minimum” after “below the”.

2011—Subsec. (c). Pub. L. 111–383 substituted “trial counsel” for “trail counsel”.

1990—Subsec. (a). Pub. L. 101–510, § 541(b), designated existing provision as par. (1) and added par. (2).

Subsec. (b). Pub. L. 101–510, § 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, § 541(d), added subsec. (c).

1968—Subsec. (a). Pub. L. 90–632, § 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, § 2(17)(C), substituted “military judge” for “law officer”.

Statutory Notes and Related SubsidiariesEffective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

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.

Notes of Decisions
Cited in 70 cases (3 in the last 5 years), 1948–2025 · leading case: United States v. Wiesen, 56 M.J. 172 (C.A.A.F. 2001).
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United States v. Wiesen, 56 M.J. 172 (C.A.A.F. 2001). · cites it 4× “Therefore, if there is prejudice, its existence derives from the statutory and regulatory right to one peremptory challenge provided for in Article 41, UCMJ, 10 USC § 841 , and RCM 912(g). This Court recently addressed the question of 5 Senior Judge Sullivan renews his…”
United States v. Miles, 58 M.J. 192 (C.A.A.F. 2003). · cites it 4× “The Statutes and Rules The relevant statutes are Articles 41(b)(1) and 59(a), Uniform Code of Military Justice, 10 U.S.C. §§ 841 (b)(1) and 859(a)(2002).”
United States v. Akbar, 74 M.J. 364 (C.A.A.F. 2015). · cites it 2× “Article 41, UCMJ, 10 U.S.C. § 841 (2012). Presumptively, all twenty members in the initial pool could serve on the panel if there were no peremptory or causal challenges.”
Weiss v. United States, 510 U.S. 163 (1994). · cites it 2× “41, UCMJ, 10 U. S. C. § 841 . The Code also allows the accused to learn the identity of the military judge before choosing whether to be tried by the judge alone, or by the judge and court-martial members.”
United States v. Harris, 13 M.J. 288 (C.M.A. 1982). · cites it 3× “Article 41(a), UCMJ, 10 U.S.C. § 841 (a); see United States v.”
United States v. Carter, 25 M.J. 471 (C.M.A. 1988). · cites it 3× “7 Peremptory challenges are authorized in Article 41, UCMJ, 10 U.S.C. § 841 , which was intended to assure both fairness and the appearance of fairness in the procedure for selecting court-martial members.”
United States v. Gooch, 69 M.J. 353 (C.A.A.F. 2011). “Thus voir dire as provided for in Article 41, UCMJ, 10 U.S.C. § 841 , and regulated by the President under R.”
United States v. Vazquez, 72 M.J. 13 (C.A.A.F. 2013). · cites it 2× “Not only are these propositions directly contrary to Article 29(b), UCMJ -- not to mention other provisions of the UCMJ and MCM, see Article 41, UCMJ, 10 U.S.C. § 841 (2006); R.C.M. 505; R.C.M.”
United States v. Gray, 51 M.J. 1 (C.A.A.F. 1999). · cites it 2× “Article 41(b), UCMJ, 10 USC § 841 (b), at the time of trial 4 provided: "Each accused and the trial counsel is entitled to one peremptory challenge.”
United States v. Dobson, 63 M.J. 1 (C.A.A.F. 2006). · cites it 2× “The prohibition against proceeding, however, is subject to the procedure for making and ruling on challenges under Article 41, UCMJ, 10 U.S.C. § 841 (2000). Article 41 authorizes challenges for cause and permits each party to exercise one peremptory challenge.”
United States v. McFadden, 74 M.J. 87 (C.A.A.F. 2015). · cites it 2× “Article 41(a)(1), UCMJ, 10 U.S.C. § 841 (a)(1) (2012). “A member shall be excused for cause whenever it appears that the member .”
United States v. Armstrong, 54 M.J. 51 (C.A.A.F. 2000). · cites it 2× “However, Article 41, UCMJ, 10 USC § 841 , allows only 1 peremptory challenge for each side in a court-martial, regardless of the maximum imposable punishment, except in cases where additional members are detailed after initial causal and peremptory challenges.”
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