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Kentucky · Snapshot 09/05/2026

KRS 35.205: Challenges.

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Where this section sits in the code
  1. KRS Chapter 35

(1) (a) The military judge and members of a general or special court -martial may be

challenged by the accused or the trial counsel for cause stated to the court. The

military judge or the court shall determine the relevancy and validity of

challenges for cause, an d may not receive a challenge to more than one (1)

person at a time. Challenges by the trial counsel shall ordinarily be presented

and decided before those by the accused are offered.

(b) If the exercise of a challenge for cause reduces the court below the minimum

number of members required by KRS 35.075, all parties shall,

notwithstanding KRS 35.145, either exercise or waive any challenge for cause

then apparent against the remaining members of the court before additional

members are detailed by the court. However, peremptory challenges shall not

be exercised at that time.

(2) (a) Each accused and trial counsel is entitled to one (1) peremptory challenge of

members of the court. The military judge may not be challenged except for

cause.

(b) If the exercise of a peremptory challenge reduces the court below the

minimum number of members required by KRS 35.075, the parties shall,

notwithstanding KRS 35.145, either exercise or waive any remaining

peremptory challenge not previously waived against the remaining m embers

of the court before additional members are detailed to the court.

(c) Whenever additional members are detailed to the court, and after any

challenges for cause against such additional members are presented and

decided, each accused and the trial cou nsel are entitled to one (1) peremptory

challenge against members not previously subject to peremptory challenge.

Collected 2026-09-05T20:48:52Z. Source file · JSON

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