§ 846. Art. 46. Opportunity to obtain witnesses and other evidence in trials by court-martial

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 53 · 70A Stat. 53

   Enacted · 10 U.S.C. § 846

   Aug. 10, 1956, ch. 1041, 70A Stat. 53

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 53

2. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title X § 1057(a)(6) · 119 Stat. 3136

   Substituted · 10 U.S.C. § 846

   Pub. L. 109–163 substituted “Commonwealths and possessions” for “Territories, Commonwealths, and possessions”

   Source evidence

   Code amendment note
   Pub. L. 109–163 substituted “Commonwealths and possessions” for “Territories, Commonwealths, and possessions”.

   Enacted provision · exact public law section
   (6) The following sections are amended by striking “Territories, Commonwealths, and possessions” each place it appears and inserting “Commonwealths and possessions”: sections 846, 3062, 3074, 4747, 4778, 8062, and 9778.

3. 2013

   National Defense Authorization Act for Fiscal Year 2014

   Pub. L. 113–66 div. A title XVII § 1704 · 127 Stat. 672

   1. Amended · 10 U.S.C. § 846

      Pub. L. 113–66 designated first sentence as subsec. (a) and second sentence as subsec. (c)

   2. Inserted · 10 U.S.C. § 846

      Pub. L. 113–66 inserted headings

   3. Added · 10 U.S.C. § 846

      Pub. L. 113–66 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 113–66 designated first sentence as subsec. (a) and second sentence as subsec. (c), inserted headings, and added subsec. (b).

   Enacted provision · exact public law section
   SEC. 1704. DEFENSE COUNSEL INTERVIEW OF VICTIM OF AN ALLEGED SEX-RELATED OFFENSE IN PRESENCE OF TRIAL COUNSEL, COUNSEL FOR THE VICTIM, OR A SEXUAL ASSAULT VICTIM ADVOCATE.   Section 846 of title 10, United States Code (article 46 of the Uniform Code of Military Justice), is amended— (1) by inserting “(a) Opportunity To Obtain Witnesses and Other Evidence.—”before “The trial counsel”; (2) by striking “Process issued” and inserting the following: “(c) Process.— Process issued” ; and (3) by inserting after subsection (a), as designated by paragraph (1), the following new subsection (b): “(b) Defense Counsel Interview of Victim of Alleged Sex-Related Offense.— (1) Upon notice by trial counsel to defense counsel of the name of an alleged victim of an alleged sex-related offense who trial counsel intends to call to testify at a preliminary hearing under section 832 of this title (article 32) or a court-martial under this chapter, defense counsel shall make any request to interview the victim through trial counsel. “(2) If requested by an alleged victim of an alleged sex-related offense who is subject to a request for interview under paragraph (1), any interview of the victim by defense counsel shall take place only in the presence of trial counsel, a counsel for the victim, or a Sexual Assault Victim Advocate. “(3) In this subsection, the term ‘alleged sex-related offense’ means any allegation of— “(A) a violation of section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125); or “(B) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of this title (article 80).” .

4. 2014

   Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

   Pub. L. 113–291 § 531(b)(2) · 128 Stat. 3292

   1. Substituted · 10 U.S.C. § 846(a)

      Pub. L. 113–291, § 531(b)(2), (3)(B), substituted “counsel for the Government” for “trial counsel”

   2. Substituted · 10 U.S.C. § 846(a)

      Pub. L. 113–291, § 531(b)(2), (3)(B), substituted “counsel for the accused” for “defense counsel”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 113–291, § 531(b)(2), (3)(B), substituted “counsel for the Government” for “trial counsel” and “counsel for the accused” for “defense counsel”.

   Enacted provision · exact public law section
   (2) Correction of references to trial counsel.— Such section is further amended by striking “trial counsel” each place it appears and inserting “counsel for the Government”.

5. 2014

   Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

   Pub. L. 113–291 § 531(b)(3)(A) · 128 Stat. 3292

   Substituted · 10 U.S.C. § 846(b)

   Pub. L. 113–291, § 531(b)(3)(A), which directed substitution of “Counsel for Accused” for “Defense Counsel” in heading of section, was executed by making the substitution in the heading of subsec. (b) to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 113–291, § 531(b)(3)(A), which directed substitution of “Counsel for Accused” for “Defense Counsel” in heading of section, was executed by making the substitution in the heading of subsec. (b) to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (A) in the heading, by striking “Defense Counsel” and inserting “Counsel for Accused”; and

6. 2014

   Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

   Pub. L. 113–291 § 531(b)(2) · 128 Stat. 3292

   1. Substituted · 10 U.S.C. § 846(b)

      Pub. L. 113–291, § 531(b)(2), (3)(B), substituted “counsel for the Government” for “trial counsel” wherever appearing

   2. Substituted · 10 U.S.C. § 846(b)

      Pub. L. 113–291, § 531(b)(2), (3)(B), substituted “counsel for the accused” for “defense counsel” wherever appearing

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 113–291, § 531(b)(2), (3)(B), substituted “counsel for the Government” for “trial counsel” and “counsel for the accused” for “defense counsel” wherever appearing.

   Enacted provision · exact public law section
   (2) Correction of references to trial counsel.— Such section is further amended by striking “trial counsel” each place it appears and inserting “counsel for the Government”.

7. 2014

   Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

   Pub. L. 113–291 § 531(b)(1) · 128 Stat. 3292

   Substituted · 10 U.S.C. § 846(b)(1)

   Pub. L. 113–291, § 531(b)(1), substituted “through the Special Victims’ Counsel or other counsel for the victim, if applicable” for “through trial counsel”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 113–291, § 531(b)(1), substituted “through the Special Victims’ Counsel or other counsel for the victim, if applicable” for “through trial counsel”.

   Enacted provision · exact public law section
   (1) Requests to interview victim through counsel.— Subsection (b)(1) of section 846 of title 10, United States Code (article 46(b) of the Uniform Code of Military Justice), as amended by section 1704 of the National Defense Authorization Act for Fiscal Year 2014 10 USC 846. (Public Law 113–66; 127 Stat. 958), is amended by striking “through trial counsel” and inserting “through the Special Victims’ Counsel or other counsel for the victim, if applicable”.

8. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5228(a)(5) · 130 Stat. 2000

   1. Amended · 10 U.S.C. § 846

      Pub. L. 114–328, § 5228(a)(5), amended section catchline generally

   2. Substituted · 10 U.S.C. § 846

      Pub. L. 114–328, § 5228(a)(5), substituting “Opportunity to obtain witnesses and other evidence in trials by court-martial” for “Opportunity to obtain witnesses and other evidence”

   Source evidence

   Code amendment note
   Pub. L. 114–328, § 5228(a)(5), amended section catchline generally, substituting “Opportunity to obtain witnesses and other evidence in trials by court-martial” for “Opportunity to obtain witnesses and other evidence”.

   Enacted provision · exact public law section
   (5) Section heading.— The heading of such section (article) is amended to read as follows: “§ 846. Art. 46. Opportunity to obtain witnesses and other evidence in trials by court-martial” .

   Effective date note
   Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability 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.

9. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5228(a)(1) · 130 Stat. 2000

   Substituted · 10 U.S.C. § 846(a)

   Pub. L. 114–328, § 5228(a)(1), substituted “In a case referred for trial by court-martial, the trial counsel, the defense counsel,” for “The counsel for the Government, the counsel for the accused,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–328, § 5228(a)(1), substituted “In a case referred for trial by court-martial, the trial counsel, the defense counsel,” for “The counsel for the Government, the counsel for the accused,”.

   Enacted provision · exact public law section
   (1) In general.— Subsection (a) of section 846 of title 10, United States Code (article 46 of the Uniform Code of Military Justice), is amended by striking “The counsel for the Government, the counsel for the accused,” and inserting “In a case referred for trial by court-martial, the trial counsel, the defense counsel,”.

   Effective date note
   Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability 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.

10. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5228(a)(2) · 130 Stat. 2000

    Amended · 10 U.S.C. § 846(b)

    Pub. L. 114–328, § 5228(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to request by counsel for accused to interview the victim of an alleged sex-related offense

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 114–328, § 5228(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to request by counsel for accused to interview the victim of an alleged sex-related offense.

    Enacted provision · exact public law section
    (2) Subpoena and other process generally.— Subsection (b) of such section (article) is amended to read as follows: “(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.” .

    Effective date note
    Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability 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.

11. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5228(a)(3) · 130 Stat. 2000

    Amended · 10 U.S.C. § 846(c)

    Pub. L. 114–328, § 5228(a)(3), amended subsec. (c) generally. Prior to amendment, text read as follows: “Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the United States having criminal jurisdiction may lawfully issue and shall run to any part of the United States, or the Commonwealths and possessions.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–328, § 5228(a)(3), amended subsec. (c) generally. Prior to amendment, text read as follows: “Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the United States having criminal jurisdiction may lawfully issue and shall run to any part of the United States, or the Commonwealths and possessions.”

    Enacted provision · exact public law section
    (3) Subpoena and other process for witnesses.— Subsection (c) of such section (article) is amended to read as follows: “(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 (article 49); or “(3) as otherwise authorized under this chapter.” .

    Effective date note
    Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability 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.

12. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5228(a)(4) · 130 Stat. 2000

    Added · 10 U.S.C. § 846(d); 10 U.S.C. § 846(e)

    Pub. L. 114–328, § 5228(a)(4), added subsecs. (d) and (e)

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 114–328, § 5228(a)(4), added subsecs. (d) and (e).

    Enacted provision · exact public law section
    (4) Other matters.— Such section (article) is further amended by adding at the end the following new subsections: “(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 (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 court-martial only if a general court-martial convening authority has authorized counsel for the Government to issue such a subpoena or a military judge issues such a subpoena pursuant to section 830a of this title (article 30a). “(3) Warrant or order for wire or electronic communications.— With respect to an investigation of an offense under this chapter, a military judge detailed in accordance with section 826 or 830a of this title (article 26 or 30a) may issue warrants or court orders for the contents of, and records concerning, wire or electronic communications in the same manner as such warrants and orders may be issued by a district court of the United States under chapter 121 of title 18, subject to such limitations as the President may prescribe by regulation. “(e) Request for Relief From Subpoena or Other Process.— If a person requests relief from a subpoena or other process under this section (article) on grounds that compliance is unreasonable or oppressive or is prohibited by law, a military judge detailed in accordance with section 826 or 830a of this title (article 26 or 30a) shall review the request and shall— “(1) order that the subpoena or other process be modified or withdrawn, as appropriate; or “(2) order the person to comply with the subpoena or other process.” .

    Effective date note
    Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability 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.

16 of 17 references resolved to an enrolled provision · 1 partial