Service of charges

(a) Service of charges. Trial counsel detailed to the court-martial to which charges have been referred for trial shall cause to be served upon each accused a copy of the charge sheet. (b) Commencement of trial. (1) Except in time of war, no person may, over objection, be brought to trial by general or special court-martial—including an Article 39(a) session— within the following time periods: (A) In a general court-martial, from the time of service of charges under subsection (a) through the fifth day after the date of service. (B) In a special court-martial, from the time of service of charges under subsection (a) through the third day after the date of service. (2) If the first session of the court-martial occurs before the end of the applicable period under paragraph (1), the military judge shall, at the beginning of that session, inquire as to whether the defense objects to proceeding during the applicable period. If the defense objects, the trial may not proceed. If the defense does not object, the issue is waived.