Summary of changes
Article 49 — Depositions
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
10 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
49(a)
unchanged
Original text
IN GENERAL.—
Current text
IN GENERAL.—
49(a)(1)
unchanged
Original text
Subject to paragraph (2), a convening authority or a military judge may order depositions at the request of any party.
Current text
Subject to paragraph (2), a convening authority or a military judge may order depositions at the request of any party.
49(a)(2)
unchanged
Original text
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.
Current text
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.
49(a)(3)
unchanged
Original text
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.
Current text
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.
49(a)(4)
unchanged
Original text
A deposition under this section shall be taken before, and authenticated by, an impartial officer, as follows:
Current text
A deposition under this section shall be taken before, and authenticated by, an impartial officer, as follows:
49(a)(4)(A)
unchanged
Original text
Whenever practicable, by an impartial judge advocate certified under section 827(b) of this title (article 27(b)).
Current text
Whenever practicable, by an impartial judge advocate certified under section 827(b) of this title (article 27(b)).
49(a)(4)(B)
unchanged
Original text
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.
Current text
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.
49(b)
unchanged
Original text
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)).
Current text
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)).
49(c)
unchanged
Original text
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.
Current text
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.
49(d)
unchanged
Original text
CAPITAL CASES.—
Testimony by deposition may be presented in capital cases only by the defense.
Current text
CAPITAL CASES.—
Testimony by deposition may be presented in capital cases only by the defense.
“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.