US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 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 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)
section 816 of this titlesection 829 of this title If exercise of a challenge for cause reduces the court below the number of members required by (article 16), all parties shall (notwithstanding (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)
section 816 of this titlesection 829 of this title If exercise of a peremptory challenge reduces the court below the number of members required by (article 16), the parties shall (notwithstanding (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. 104170A Stat. 51Pub. L. 90–632, § 2(17)82 Stat. 1339Pub. L. 101–510, div. A, title V, § 541(b)104 Stat. 1565Pub. L. 111–383, div. A, title X, § 1075(b)(13)124 Stat. 4369Pub. L. 114–328, div. E, title LVII, § 5224130 Stat. 2909(, ; , , ; –(d), , ; , , ; , , .)

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 Notes

Amendments

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

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

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

Pub. L. 111–3832011—Subsec. (c). substituted “trial counsel” for “trail counsel”.

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

Pub. L. 101–510, § 541(c)Subsec. (b). , 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.”

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

Pub. L. 90–632, § 2(17)(A)1968—Subsec. (a). , (B), inserted reference to the military judge and struck out references to the law officer of a general court-martial.

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

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

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

Effective Date of 1990 Amendment

Pub. L. 101–510section 541(e) of Pub. L. 101–510section 839 of this titleAmendment by applicable only to court-martial convened on or after , see , set out as a note under .

Effective Date of 1968 Amendment

Pub. L. 90–632section 4 of Pub. L. 90–632section 801 of this titleAmendment by effective first day of tenth month following October 1968, see , set out as a note under .