
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC842]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                     SUBCHAPTER VII--TRIAL PROCEDURE
 
Sec. 842. Art. 42. Oaths

    (a) Before performing their respective duties, military judges, 
members of general and special courts-martial, trial counsel, assistant 
trial counsel, defense counsel, assistant or associate defense counsel, 
reporters, and interpreters shall take an oath to perform their duties 
faithfully. The form of the oath, the time and place of the taking 
thereof, the manner of recording the same, and whether the oath shall be 
taken for all cases in which these duties are to be performed or for a 
particular case, shall be as prescribed in regulations of the Secretary 
concerned. These regulations may provide that an oath to perform 
faithfully duties as a military judge, trial counsel, assistant trial 
counsel, defense counsel, or assistant or associate defense counsel may 
be taken at any time by any judge advocate or other person certified to 
be qualified or competent for the duty, and if such an oath is taken it 
need not again be taken at the time the judge advocate or other person 
is detailed to that duty.
    (b) Each witness before a court-martial shall be examined on oath.

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90-632, Sec. 2(18), Oct. 
24, 1968, 82 Stat. 1339; Pub. L. 98-209, Secs. 2(e), 3(f), Dec. 6, 1983, 
97 Stat. 1393, 1395.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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842(a)................................  50:617(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
842(b)................................  50:617(b).                            4
2), 64 Stat. 121.
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---------------------------------

    In subsection (a), the word ``all'' and the word ``the'' before the 
words ``members'', ``trial'', ``defense'', and ``reporter'' are omitted 
as surplusage.
    In subsections (a) and (b), the words ``or affirmation'' are omitted 
as covered by the definition of the word ``oath'' in section 1 of Title 
1.
    In subsection (b), the words ``Each witness'' are substituted for 
the words ``All witnesses''.


                               Amendments

    1983--Subsec. (a). Pub. L. 98-209 struck out ``, law specialist,'' 
after ``judge advocate'' in two places, substituted ``assistant or 
associate defense counsel'' for ``assistant defense counsel''.
    1968--Subsec. (a). Pub. L. 90-632 struck out requirement that the 
oath given to court-martial personnel be taken in the presence of the 
accused and provided that the form of the oath, the time and place of 
its taking, the manner of recording thereof, and whether the oath shall 
be taken for all cases or for a particular case shall be as prescribed 
by regulations of the Secretary concerned and contemplated secretarial 
regulations allowing the administration of an oath to certified legal 
personnel on a one-time basis.


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-209 effective first day of eighth calendar 
month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98-
209, set out as a note under section 801 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-632 effective first day of tenth month 
following October 1968, see section 4 of Pub. L. 90-632, set out as a 
note under section 801 of this title.
