10 USC 836: Art. 36. President may prescribe rules
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10 USC 836: Art. 36. President may prescribe rules Text contains those laws in effect on January 4, 1995
From Title 10-ARMED FORCESSubtitle A-General Military LawPART II-PERSONNELCHAPTER 47-UNIFORM CODE OF MILITARY JUSTICESUBCHAPTER VII-TRIAL PROCEDURE
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§836. Art. 36. President may prescribe rules

(a) Pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the President by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United States district courts, but which may not be contrary to or inconsistent with this chapter.

(b) All rules and regulations made under this article shall be uniform insofar as practicable.

(Aug. 10, 1956, ch. 1041, 70A Stat. 50 ; Nov. 9, 1979, Pub. L. 96–107, title VIII, §801(b), 93 Stat. 811 ; Nov. 5, 1990, Pub. L. 101–510, div. A, title XIII, §1301(4), 104 Stat. 1668 .)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
836(a)

836(b)

 50:611(a).

50:611(b).

 May 5, 1950, ch. 169, §1 (Art. 36), 64 Stat. 120 .

In subsection (a), the word "considers" is substituted for the word "deems". The word "may" is substituted for the word "shall".

In subsection (b), the word "under" is substituted for the words "in pursuance of".

Amendments

1990-Subsec. (b). Pub. L. 101–510 struck out "and shall be reported to Congress" after "as practicable".

1979-Subsec. (a). Pub. L. 96–107 substituted provisions authorizing pretrial, trial, and post-trial procedures for cases under this chapter triable in courts-martial, military commissions and other military tribunals, for provisions authorizing procedure in cases before courts-martial, military commissions, and other military tribunals.

Cross References

Competency of accused as witness, see section 3481 of Title 18, Crimes and Criminal Procedure.

Federal Rules of Criminal Procedure, see Title 18, Appendix.

Judge Advocate General of Army, Navy, and Air Force to receive, revise, and have recorded proceedings of courts of inquiry and military commissions, see sections 3037, 5148, 8037 of this title.

Section Referred to in Other Sections

This section is referred to in sections 839, 906a of this title.