Summary of changes
Article 135 — Courts of inquiry
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
11 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
135(a)
unchanged
Original text
Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the Secretary concerned for that purpose, whether or not the persons involved have requested such an inquiry.
Current text
Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the Secretary concerned for that purpose, whether or not the persons involved have requested such an inquiry.
135(b)
unchanged
Original text
A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
Current text
A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
135(c)
unchanged
Original text
Current text
135(c)(1)
unchanged
Original text
Any person subject to this chapter whose conduct is subject to inquiry shall be designated as a party.
Current text
Any person subject to this chapter whose conduct is subject to inquiry shall be designated as a party.
135(c)(2)
unchanged
Original text
Any person who is (A) subject to this chapter, (B) employed by the Department of Defense, or (C) with respect to the Coast Guard, employed by the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court.
Current text
Any person who is (A) subject to this chapter, (B) employed by the Department of Defense, or (C) with respect to the Coast Guard, employed by the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court.
135(c)(3)
unchanged
Original text
Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
Current text
Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
135(d)
unchanged
Original text
Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
Current text
Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
135(e)
unchanged
Original text
The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
Current text
The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
135(f)
unchanged
Original text
Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
Current text
Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
135(g)
unchanged
Original text
Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
Current text
Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
135(h)
unchanged
Original text
Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
Current text
Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
“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.