---
kind: "section"
citation: "10 U.S.C. § 949f"
title: "10"
title_heading: "Armed Forces"
number: "949f"
heading: "Challenges"
release: "119-102"
url: "https://uscodex.org/usc/10/949f"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47A — Military Commissions"
  - "Subchapter IV — Trial Procedure"
---

# §949f. Challenges

- (a) **Challenges Authorized.—** The [military judge](/usc/10/801.md?p=10) and primary or alternate [members](/usc/10/1408.md?p=a-5) of a military commission under this chapter may be challenged by the accused or trial counsel for cause stated to the military commission. The [military judge](/usc/10/801.md?p=10) shall determine the relevance and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by trial counsel shall ordinarily be presented and decided before those by the accused are offered.
- (b) **Peremptory Challenges.—** The accused and trial counsel are each entitled to one peremptory challenge, but the [military judge](/usc/10/801.md?p=10) may not be challenged except for cause. Nothing in this section prohibits the [military judge](/usc/10/801.md?p=10) from awarding to each party such additional peremptory challenges as may be required in the interests of justice.
- (c) **Challenges Against Additional Members.—** Whenever additional [members](/usc/10/1408.md?p=a-5) are detailed to a military commission under this chapter, and after any challenges for cause against such additional [members](/usc/10/1408.md?p=a-5) are presented and decided, the accused and trial counsel are each entitled to one peremptory challenge against [members](/usc/10/1408.md?p=a-5) not previously subject to peremptory challenge.

## Source credit

(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2586; amended Pub. L. 113–66, div. A, title X, § 1031(b), Dec. 26, 2013, 127 Stat. 850.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 949f, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2613, related to challenges, prior to the general amendment of this chapter by Pub. L. 111–84.

### Amendments

2013—Subsec. (a). Pub. L. 113–66, § 1031(b)(1), inserted “primary or alternate” before “members”.

Subsec. (b). Pub. L. 113–66, § 1031(b)(2), inserted at end “Nothing in this section prohibits the military judge from awarding to each party such additional peremptory challenges as may be required in the interests of justice.”