10 U.S.C. § 816 — Art. 16. Courts-martial classified

(a) General rule. Each armed force has three kinds of courts-martial: (1) general, described in (b); (2) special, described in (c); and (3) summary, described in (d). (b) General courts-martial. There are three types: (1) a military judge and eight members, subject to sections 825(e)(3) and 829 (articles 25(e)(3) and 29); (2) in a capital case, a military judge and the number of members set under section 825a (article 25a), also subject to those sections; or (3) a military judge alone if, before assembly, the accused knows the judge's identity, consults defense counsel, requests orally on the record or in writing a judge-alone court, and the judge approves. (c) Special courts-martial. There are two types: (1) a military judge and four members, subject to sections 825(e)(3) and 829; or (2) a military judge alone if (A) the case is referred that way, subject to section 819 (article 19) and presidential regulatory limits, or (B) the case was referred under paragraph (1), and before assembly the accused, knowing the judge's identity and after consulting defense counsel, requests orally on the record or in writing a judge-alone court and the judge approves. (d) Summary courts-martial. A summary court-martial consists of one commissioned officer.