§ 849. Art. 49. Depositions

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. § 849

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

   Source evidence

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

2. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(20) · 82 Stat. 1335

   Inserted · 10 U.S.C. § 849(a)

   Pub. L. 90–632 inserted reference to the taking of depositions being forbidden by the military judge or the court-martial without a military judge if the case is being heard

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–632 inserted reference to the taking of depositions being forbidden by the military judge or the court-martial without a military judge if the case is being heard.

   Enacted provision · exact public law section
   (20) Section 849(a) (article 49(a)) is amended by inserting after the word “unless” the words “the military judge or court-martial without a military judge hearing the ease or, if the case is not being heard,”.

3. 1983

   Military Justice Act of 1983

   Pub. L. 98–209 § 6(b) · 97 Stat. 1393

   Inserted · 10 U.S.C. § 849(d); 10 U.S.C. § 849(f)

   Pub. L. 98–209 inserted “or, in the case of audiotape, videotape, or similar material, may be played in evidence” after “read in evidence”

   Source evidence

   Code amendment note
   Subsecs. (d), (f). Pub. L. 98–209 inserted “or, in the case of audiotape, videotape, or similar material, may be played in evidence” after “read in evidence”.

   Enacted provision · exact public law section
   (b) 10 USC 849. Subsections (d) and (D of section 849 (article 49) are each amended by inserting after “read in evidence” the following: “or, in the case of audiotape, videotape, or similar material, may be played in evidence”.

4. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title X § 1057(a)(3) · 119 Stat. 3136

   Struck · 10 U.S.C. § 849(d)(1)

   Pub. L. 109–163 struck out “Territory,” after “State,”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 109–163 struck out “Territory,” after “State,”.

   Enacted provision · exact public law section
   (3) The following sections are amended by striking the terms “Territory,” and “Territories,” each place they appear: sections 849, 858, 888, 2668, 2669, 7545, and 9773.

5. 2014

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

   Pub. L. 113–291 div. A title V § 532 · 128 Stat. 3292

   Amended · 10 U.S.C. § 849(a)

   Pub. L. 113–291 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “At any time after charges have been signed as provided in section 830 of this title (article 30), any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such an authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 113–291 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “At any time after charges have been signed as provided in section 830 of this title (article 30), any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such an authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.”

   Enacted provision · exact public law section
   SEC. 532. ORDERING OF DEPOSITIONS UNDER THE UNIFORM CODE OF MILITARY JUSTICE.   Subsection (a) of section 849 of title 10, United States Code (article 49 of the Uniform Code of Military Justice), 10 USC 849. is amended to read as follows: “(a) (1) At any time after charges have been signed as provided in section 830 of this title (article 30), oral or written depositions may be ordered as follows: “(A) Before referral of such charges for trial, by the convening authority who has such charges for disposition. “(B) After referral of such charges for trial, by the convening authority or the military judge hearing the case. “(2) An authority authorized to order a deposition under paragraph (1) may order the deposition at the request of any party, but only if the party demonstrates that, due to exceptional circumstances, it is in the interest of justice that the testimony of the prospective witness be taken and preserved for use at a preliminary hearing under section 832 of this title (article 32) or a court-martial. “(3) If a deposition is to be taken before charges are referred for trial, the authority under paragraph (1)(A) may designate commissioned officers as counsel for the Government and counsel for the accused, and may authorize those officers to take the deposition of any witness.” .

6. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LVII § 5231 · 130 Stat. 2000

   Amended · 10 U.S.C. § 849

   Pub. L. 114–328 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (f) relating to ordering depositions, notice, military and civil officers authorized to take depositions, use of depositions as evidence, testimony by deposition by the defense in capital cases, and use of deposition as evidence in cases in which the death penalty is authorized, respectively

   Source evidence

   Code amendment note
   Pub. L. 114–328 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (f) relating to ordering depositions, notice, military and civil officers authorized to take depositions, use of depositions as evidence, testimony by deposition by the defense in capital cases, and use of deposition as evidence in cases in which the death penalty is authorized, respectively.

   Enacted provision · exact public law section
   SEC. 5231. DEPOSITIONS.   Section 849 of title 10, United States Code (article 49 of the Uniform Code of Military Justice), is amended to read as follows: “§ 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 (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 (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 (article 38(b)). “(c) Admissibility and Use as Evidence.— A deposition order under subsection (a) does not control the admissibility of the deposition in a court-martial or other proceeding under this chapter. Except as provided by subsection (d), a party may use all or part of a deposition as provided by the rules of evidence. “(d) Capital Cases.— Testimony by deposition may be presented in capital cases only by the defense.” .

   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.

5 of 6 references resolved to an enrolled provision · 1 partial