US Code

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

10 U.S.C. § 862

Art. 62. Appeal by the United States

(a)
(1)
section 830a of this title In a trial by general or special court-martial, or in a pretrial proceeding under (article 30a), the United States may appeal the following:
(A)
An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification.
(B)
An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.
(C)
An order or ruling which directs the disclosure of classified information.
(D)
An order or ruling which imposes sanctions for nondisclosure of classified information.
(E)
A refusal of the military judge to issue a protective order sought by the United States to prevent the disclosure of classified information.
(F)
A refusal by the military judge to enforce an order described in subparagraph (E) that has previously been issued by appropriate authority.
(G)
An order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members.
(2)
(A)
An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence excluded is substantial proof of a fact material in the proceeding.
(B)
section 844 of this title An appeal of an order or ruling may not be taken when prohibited by (article 44).
(3)
An appeal under this section shall be diligently prosecuted by appellate Government counsel.
(b)
An appeal under this section shall be forwarded by a means prescribed under regulations of the President directly to the Court of Criminal Appeals and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Criminal Appeals may act only with respect to matters of law.
(c)
Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
(d)
The United States may appeal a ruling or order of a military magistrate in the same manner as had the ruling or order been made by a military judge, except that the issue shall first be presented to the military judge who designated the military magistrate or to a military judge detailed to hear the issue.
(e)
The provisions of this section shall be liberally construed to effect its purposes.

Aug. 10, 1956, ch. 104170A Stat. 58Pub. L. 98–209, § 5(c)(1)97 Stat. 1398Pub. L. 103–337, div. A, title IX, § 924(c)(2)108 Stat. 2831Pub. L. 104–106, div. A, title XI, § 1141(a)110 Stat. 466Pub. L. 114–328, div. E, title LIX, § 5326130 Stat. 2928Pub. L. 115–91, div. A, title V, § 531(h)131 Stat. 1385(, ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

862(a)

862(b)

50:649(a).

50:649(b).

May 5, 1950, ch. 169, § 1 (Art. 62), 64 Stat. 127.

Editorial Notes

Amendments

Pub. L. 115–91section 866(c) of this title2017—Subsec. (b). struck out “, notwithstanding (article 66(c))” after “matters of law”.

Pub. L. 114–328, § 5326(1)(A)section 830a of this title2016—Subsec. (a)(1). , in introductory provisions, substituted “general or special court-martial, or in a pretrial proceeding under (article 30a), the United States may appeal the following:” for “court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the United States may appeal the following (other than an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification):”.

Pub. L. 114–328, § 5326(1)(B)Subsec. (a)(1)(G). , added subpar. (G).

Pub. L. 114–328, § 5326(2)Subsec. (a)(2). , designated existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 114–328, § 5326(3)Subsecs. (d), (e). , added subsecs. (d) and (e).

Pub. L. 104–1061996—Subsec. (a)(1). amended par. (1) generally. Prior to amendment, par. (1) read as follows: “In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the United States may appeal an order or ruling of the military judge which terminates the proceedings with respect to a charge or specification or which excludes evidence that is substantial proof of a fact material in the proceeding. However, the United States may not appeal an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification.”

Pub. L. 103–3371994—Subsec. (b). substituted “Court of Criminal Appeals” for “Court of Military Review” in two places.

Pub. L. 98–2091983— amended section generally, substituting “Appeal by the United States” for “Reconsideration and revision” as section catchline, and, in text, substituting provisions relating to appeals by the United States for provisions relating to the convening authority returning the record to the court for reconsideration and appropriate action.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–91Pub. L. 114–32810 U.S.C. 801section 531(p) of Pub. L. 115–91section 801 of this titleAmendment by effective immediately after the amendments made by div. E (§§ 5001–5542) of take effect as provided for in section 5542 of that Act ( note), see , set out as a note under .

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 1983 Amendment

Pub. L. 98–209Pub. L. 98–209section 801 of this titleAmendment by effective first day of eighth calendar month beginning after , but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of , set out as a note under .