Summary of changes
Article 46 — Opportunity to obtain witnesses and other evidence in trial by court-martial
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
20 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
46(a)
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Original text
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.
Current text
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.
46(b)
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Original text
SUBPOENA AND OTHER PROCESS GENERALLY.—
Any subpoena or other process issued under this section (article)—
Current text
SUBPOENA AND OTHER PROCESS GENERALLY.—
Any subpoena or other process issued under this section (article)—
46(b)(1)
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Original text
shall be similar to that which courts of the United States having criminal jurisdiction may issue;
Current text
shall be similar to that which courts of the United States having criminal jurisdiction may issue;
46(b)(2)
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Original text
shall be executed in accordance with regulations prescribed by the President; and
Current text
shall be executed in accordance with regulations prescribed by the President; and
46(b)(3)
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Original text
shall run to any part of the United States and to the Commonwealths and possessions of the United States.
Current text
shall run to any part of the United States and to the Commonwealths and possessions of the United States.
46(c)
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Original text
SUBPOENA AND OTHER PROCESS FOR WITNESSES.—
A subpoena or other process may be issued to compel a witness to appear and testify—
Current text
SUBPOENA AND OTHER PROCESS FOR WITNESSES.—
A subpoena or other process may be issued to compel a witness to appear and testify—
46(c)(1)
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Original text
before a court-martial, military commission, or court of inquiry;
Current text
before a court-martial, military commission, or court of inquiry;
46(c)(2)
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at a deposition under section 849 of this title (article 49); or
Current text
at a deposition under section 849 of this title (article 49); or
46(c)(3)
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Original text
as otherwise authorized under this chapter.
Current text
as otherwise authorized under this chapter.
46(d)
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Original text
SUBPOENA AND OTHER PROCESS FOR EVIDENCE.—
Current text
SUBPOENA AND OTHER PROCESS FOR EVIDENCE.—
46(d)(1)
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Original text
IN GENERAL.—
A subpoena or other process may be issued to compel the production of evidence—
Current text
IN GENERAL.—
A subpoena or other process may be issued to compel the production of evidence—
46(d)(1)(A)
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Original text
for a court-martial, military commission, or court of inquiry;
Current text
for a court-martial, military commission, or court of inquiry;
46(d)(1)(B)
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Original text
for a deposition under section 849 of this title (article 49);
Current text
for a deposition under section 849 of this title (article 49);
46(d)(1)(C)
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for an investigation of an offense under this chapter; or
Current text
for an investigation of an offense under this chapter; or
46(d)(1)(D)
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as otherwise authorized under this chapter.
Current text
as otherwise authorized under this chapter.
46(d)(2)
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Original text
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).
Current text
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).
46(d)(3)
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Original text
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.
Current text
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.
46(e)
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Original text
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—
Current text
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—
46(e)(1)
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Original text
order that the subpoena or other process be modified or withdrawn, as appropriate; or
Current text
order that the subpoena or other process be modified or withdrawn, as appropriate; or
46(e)(2)
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Original text
order the person to comply with the subpoena or other process.
Current text
order the person to comply with the subpoena or other process.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.