Subchapter VII · Trial Procedure
Article 49. Depositions
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (6)(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.
Cross-referencesCited by 6Cites 4
Cited by
Provisions elsewhere in the Manual whose text cites Article 49. Each link opens the citing provision.
Rules for Courts-Martial
See Article 49(a)(4). When a deposition will be at a point distant from the command, an appropriate authority may be requested to…
R.C.M. 702(j)(2) — Depositions
Use of deposition. Subject to Article 49, nothing in this rule shall preclude the use of a deposition at the court-martial by agreement of the…
Military Rules of Evidence
Mil. R. Evid. 804(b)(1) — Exceptions to the rule against hearsay - when the declarant is unavailable as a witness
Former Testimony. Testimony that: Subject to the limitations in Articles 49 and 50, a record of testimony given before a court-martial, court of inquiry, military commission, other military…
Uniform Code of Military Justice
Art. 32(d)(3) — Preliminary hearing required before referral to general court-martial
…this paragraph shall not serve as the sole basis for ordering a deposition under section 849 of this title (article 49).
Art. 46(c)(2) — Opportunity to obtain witnesses and other evidence in trial by court-martial
at a deposition under section 849 of this title (article 49); or
Art. 46(d)(1)(B) — Opportunity to obtain witnesses and other evidence in trial by court-martial
for a deposition under section 849 of this title (article 49);
Article 49 cites
Provisions named in the text of Article 49. Where the cited provision is on this site, the link opens it.