412.354 - Advice of State Judge Advocate; reference for trial; formal correction of charges.
412.354 Advice of State Judge Advocate; reference for trial; formal correction of charges.
1. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the State Judge Advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he or she has found that the charge alleges an offense under this Code and is warranted by evidence indicated in the report of the investigation.
2. If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.
(Added to NRS by 1967, 1320)
NRS 412.356 Service of charges. The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against his or her objection, be brought to trial before a general court-martial within a period of 5 days after the service of the charges upon the person, or before a special court-martial within a period of 3 days after the service of the charges upon the person.
(Added to NRS by 1967, 1320)