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10 U.S.C. § 849 — Art. 49. Depositions

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 849 — Art. 49. Depositions

**(a) In General.—** (1) Subject to paragraph (2), a convening authority or a military judge may order depositions at the request of any party. (2) A deposition may be ordered under paragraph (1) only if the requesting party demonstrates that, due to exceptional circumstances, it is in the interest of justice that the testimony of a prospective witness be preserved for use at a court-martial, military commission, court of inquiry, or other military court or board. (3) A party who requests a deposition under this section shall give to every other party reasonable written notice of the time and place for the deposition. (4) A deposition under this section shall be taken before, and authenticated by, an impartial officer, as follows: (A) Whenever practicable, by an impartial judge advocate certified under [section 827(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827/b&num=0&edition=prelim) (article 27(b)). (B) In exceptional circumstances, by an impartial military or civil officer authorized to administer oaths by (i) the laws of the United States or (ii) the laws of the place where the deposition is taken. **(b) Representation by Counsel.—** Representation of the parties with respect to a deposition shall be by counsel detailed in the same manner as trial counsel and defense counsel are detailed under [section 827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827&num=0&edition=prelim) (article 27). In addition, the accused shall have the right to be represented by civilian or military counsel in the same manner as such counsel are provided for in [section 838(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section838/b&num=0&editi

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Source file: Laws/federal/codes/united-states-code/title-10/section-849-art-49-depositions--0da9435f9b.md
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Source location: Title 10, Chapter 47, § 849; chapter-047-uniform-code-of-military-justice.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 830 — Art. 30. Charges and specifications

**(a) In General.—** Charges and specifications— (1) may be preferred only by a person subject to this chapter; and (2) shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths. **(b) Required Content.—** The writing under subsection (a) shall state that— (1) the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and (2) the matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer. **(c) Duty of Proper Authority.—** When charges and specifications are preferred under subsection (a), the proper authority shall, as soon as practicable— (1) inform the person accused of the charges and specifications; and (2) determine what disposition should be made of the charges and specifications in the interest of justice and discipline.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

In this chapter (the Uniform Code of Military Justice): (1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force. (3) The term “commanding officer” includes only commissioned officers. (4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority. (5) The term “superior commissioned officer” means a commissioned officer superior in rank or command. (6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy. (7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service. (8) The term “military” refers to any or all of the armed forces. (9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. (10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 827 — Art. 27. Detail of trial counsel and defense counsel

**(a)** (1) Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial. (2) No person who, with respect to a case, has served as a preliminary hearing officer, court member, military judge, military magistrate, or appellate judge, may later serve as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution. **(b)** Trial counsel, defense counsel, or assistant defense counsel detailed for a general court-martial— (1) must be a judge advocate who is qualified under [section 806(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section806/a/1&num=0&edition=prelim) (article 6(a)(1)); and (2) must be certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member. **(c)** (1) Defense counsel and assistant defense counsel detailed for a special court-martial shall have the qualifications set forth in subsection (b). (2) Trial counsel and assistant trial counsel detailed for a special court-martial and assistant trial counsel detailed for a general court-martial must be determined to be competent to perform such dut

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 827

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 832 — Art. 32. Preliminary hearing required before referral to general court-martial

**(a) In General.—** (1) (A) Except as provided in subparagraph (B), a preliminary hearing shall be held before referral of charges and specifications for trial by general court-martial. The preliminary hearing shall be conducted by an impartial hearing officer detailed in accordance with subparagraph (C). (B) Under regulations prescribed by the President, a preliminary hearing need not be held if the accused submits a written waiver to— (i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and (ii) with respect to charges and specifications over which the special trial counsel is exercising authority in accordance with [section 824a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824a&num=0&edition=prelim) (article 24a), the special trial counsel and the special trial counsel determines that a hearing is not required. (C) (i) Except as provided in clause (ii), the convening authority shall detail a hearing officer. (ii) If a special trial counsel is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special trial counsel shall request a hearing officer and a hearing officer shall be provided by the convening authority, in accordance with regulations prescribed by the President. (2) The purpose of the preliminary hearing shall be limited to determining the following: (A) Whether or not the specification alleges an offense under this chapter. (B) Whether or not there is probable cause to believe that the accused committed the offense charged. (C) Whether or not the convening authority has court-martial jurisdiction over the accused and ove

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 832

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 846 — Art. 46. Opportunity to obtain witnesses and other evidence in trials by court-martial

**(a) Opportunity To Obtain Witnesses and Other Evidence.—** In a case referred for trial by court-martial, the trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe. **(b) Subpoena and Other Process Generally.—** Any subpoena or other process issued under this section (article)— (1) shall be similar to that which courts of the United States having criminal jurisdiction may issue; (2) shall be executed in accordance with regulations prescribed by the President; and (3) shall run to any part of the United States and to the Commonwealths and possessions of the United States. **(c) Subpoena and Other Process for Witnesses.—** A subpoena or other process may be issued to compel a witness to appear and testify— (1) before a court-martial, military commission, or court of inquiry; (2) at a deposition under [section 849 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section849&num=0&edition=prelim) (article 49); or (3) as otherwise authorized under this chapter. **(d) Subpoena and Other Process for Evidence.—** (1) **In general.—** — A subpoena or other process may be issued to compel the production of evidence— (A) for a court-martial, military commission, or court of inquiry; (B) for a deposition under [section 849 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section849&num=0&edition=prelim) (article 49); (C) for an investigation of an offense under this chapter; or (D) as otherwise authorized under this chapter. (2) **Investigative subpoena.—** — An investigative subpoena under paragraph (1)(C) may be issued before referral of charges to a

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 846

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 611 to 629 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 611, act May 5, 1950, ch. 169, § 1, 64 Stat. 120, authorized President to prescribe rules. See [section 836 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section836&num=0&edition=prelim), Armed Forces. Section 612, act May 5, 1950, ch. 169, § 1, 64 Stat. 120, related to unlawfully influencing action of court. See [section 837 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section837&num=0&edition=prelim). Section 613, act May 5, 1950, ch. 169, § 1, 64 Stat. 120, provided for duties of trial counsel and defense counsel. See [section 838 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section838&num=0&edition=prelim). Section 614, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, related to sessions of the courts-martial. See [section 839 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section839&num=0&edition=prelim). Section 615, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, provided for continuances. See [section 840 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section840&num=0&edition=prelim). Section 616, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, provided for challenges. See [section 841 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section841&num=0&edition=prelim). Section 617, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, related to oaths. See [section 842 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section842&num=0&edition=prelim). Section 618, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, related to statutes of limitation. See [section 843 of Title 10](https://uscode.house.gov/view.xhtml

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 611 to 629

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 849 — Art. 49. Depositions

Page 765 TITLE 10—ARMED FORCES § 849 ‘‘(2) disturbs the proceedings of the court-martial, court, or military commission by any riot or dis- order; or ‘‘(3) willfully disobeys the lawful writ, process, order, rule, decree, or command of the court-martial, court, or military commission.’’ Subsecs. (c), (d). Pub. L. 114–328, § 5230(b), added sub- sec. (c) and redesignated former subsec. (c) as (d). 2011—Pub. L. 111–383 amended section generally. Prior to amendment, text read as follows: ‘‘A court-martial, provost court, or military commission may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its pro- ceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both. This section does not apply to a military commis- sion established under chapter 47A of this title.’’ 2006—Pub. L. 109–366 inserted last sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under sec- tion 801 of this title. EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–383, div. A, title V, § 542(b), Jan. 7, 2011, 124 Stat. 4218, provided that: ‘‘Section 848 of title 10,

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 849

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