---
title: "Organise what the member may do at a preliminary hearing"
url: "https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-representations-before-a-prosecution-decision/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A64-LA20261022-6-US"
practice_area: "Military & Defence Law"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Organise what the member may do at a preliminary hearing

> List the charges, the hearing officer, and the witnesses. Do not draft the member's submissions or questions.

Canonical page: https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-representations-before-a-prosecution-decision/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Military & Defence Law](https://ailawframework.com/practice/military-and-defence-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the charges, the hearing officer, and the witnesses. Do not draft the member's submissions or questions. |
| What the lawyer must review | 10 U.S.C. § 832 requires a preliminary hearing before referral of charges and specifications for trial by general court-martial, unless the accused submits a written waiver under regulations prescribed by the President. Those regulations were not opened. The hearing is conducted by an impartial hearing officer. Its purpose is limited to whether the specification alleges an offense under the chapter, whether there is probable cause to believe the accused committed the offense charged, whether the convening authority has court-martial jurisdiction over the accused and the offense, and a recommendation as to disposition. The accused shall be advised of the charges and of the right to be represented by counsel, may cross-examine witnesses who testify, and may present additional evidence relevant to those determinations. A victim may not be required to testify. 10 U.S.C. § 815 is the separate nonjudicial-punishment path, including the demand for trial by court-martial before that punishment is imposed, except on a vessel. You write anything that is said for the member. |
| Written for | United States |
| Applies to | [Advise a member on representations before a prosecution decision](https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-representations-before-a-prosecution-decision.md) |

## Checking plan

- What the AI does: List the charges, the hearing officer, and the witnesses. Do not draft the member's submissions or questions.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The hearing shall be recorded. The victim may request the recording under rules the President prescribes. Those rules were not opened.
- Evidence of an uncharged offense may be considered only if the conditions in § 832(f) are met. Read that subsection before relying on it.

## Sources

- [10 U.S.C. § 832 (Art. 32, preliminary hearing required before general court-martial)](https://www.law.cornell.edu/uscode/text/10/832) (checked 2026-10-22)
- [10 U.S.C. § 815 (Art. 15, commanding officer's non-judicial punishment)](https://www.law.cornell.edu/uscode/text/10/815) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*