10 USC § 873 - Art. 73. Petition for a new trial

---
identifier: "/us/usc/t10/s873"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 873 - Art. 73. Petition for a new trial"
title_number: 10
title_name: "ARMED FORCES"
section_number: "873"
section_name: "Art. 73. Petition for a new trial"
chapter_number: 47
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
subchapter_number: "IX"
subchapter_name: "POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 90–632, § 2(33), Oct. 24, 1968, 82 Stat. 1342; Pub. L. 103–337, div. A, title IX, § 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 114–328, div. E, title LIX, § 5336, Dec. 23, 2016, 130 Stat. 2937.)"
---


# § 873. Art. 73. Petition for a new trial

section 860c of this title

At any time within three years after the date of the entry of judgment under  (article 60c), the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pending before a Court of Criminal Appeals or before the Court of Appeals for the Armed Forces, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.

---

**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 90–632, § 2(33), Oct. 24, 1968, 82 Stat. 1342; Pub. L. 103–337, div. A, title IX, § 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 114–328, div. E, title LIX, § 5336, Dec. 23, 2016, 130 Stat. 2937.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 873 | 50:660. | May 5, 1950, ch. 169, § 1 (Art. 73), 64 Stat. 132. |

The words “the ground” are substituted for the word “grounds”. The words “as the case may be” are substituted for the word “respectively”, since the prescribed action is alternative, not distributive.

## Editorial Notes

### Amendments

2016— substituted “three years after the date of the entry of judgment under  (article 60c)” for “two years after approval by the convening authority of a court-martial sentence”.

1994— substituted “Court of Criminal Appeals” for “Court of Military Review” and “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.

1968— extended time during which accused may petition Judge Advocate General for a new trial from 1 to 2 years and struck out provisions which limited right to petition for a new trial to cases of death, dismissal, a punitive discharge, or a year or more in confinement.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2016 Amendment

Amendment 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 1968 Amendment

Amendment by  to apply in the case of all court-martial sentences approved by the convening authority on or after, or not more than two years before , see , set out as a note under .