
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: 10USC849]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                     SUBCHAPTER VII--TRIAL PROCEDURE
 
Sec. 849. Art. 49. Depositions

    (a) At any time after charges have been signed as provided in 
section 830 of this title (article 30), any party may take oral or 
written depositions unless the military judge or court-martial without a 
military judge hearing the case or, if the case is not being heard, an 
authority competent to convene a court-martial for the trial of those 
charges forbids it for good cause. If a deposition is to be taken before 
charges are referred for trial, such an authority may designate 
commissioned officers to represent the prosecution and the defense and 
may authorize those officers to take the deposition of any witness.
    (b) The party at whose instance a deposition is to be taken shall 
give to every other party reasonable written notice of the time and 
place for taking the deposition.
    (c) Depositions may be taken before and authenticated by any 
military or civil officer authorized by the laws of the United States or 
by the laws of the place where the deposition is taken to administer 
oaths.
    (d) A duly authenticated deposition taken upon reasonable notice to 
the other parties, so far as otherwise admissible under the rules of 
evidence, may be read in evidence or, in the case of audiotape, 
videotape, or similar material, may be played in evidence before any 
military court or commission in any case not capital, or in any 
proceeding before a court of inquiry or military board, if it appears--
        (1) that the witness resides or is beyond the State, Territory, 
    Commonwealth, or District of Columbia in which the court, 
    commission, or board is ordered to sit, or beyond 100 miles from the 
    place of trial or hearing;
        (2) that the witness by reason of death, age, sickness, bodily 
    infirmity, imprisonment, military necessity, nonamenability to 
    process, or other reasonable cause, is unable or refuses to appear 
    and testify in person at the place of trial or hearing; or
        (3) that the present whereabouts of the witness is unknown.

    (e) Subject to subsection (d), testimony by deposition may be 
presented by the defense in capital cases.
    (f) Subject to subsection (d), a deposition may be read in evidence 
or, in the case of audiotape, videotape, or similar material, may be 
played in evidence in any case in which the death penalty is authorized 
but is not mandatory, whenever the convening authority directs that the 
case be treated as not capital, and in such a case a sentence of death 
may not be adjudged by the court-martial.

(Aug. 10, 1956, ch. 1041, 70A Stat. 53; Pub. L. 90-632, Sec. 2(20), Oct. 
24, 1968, 82 Stat. 1340; Pub. L. 98-209, Sec. 6(b), Dec. 6, 1983, 97 
Stat. 1400.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
849(a)................................  50:624(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
849(b)................................  50:624(b).                            4
9), 64 Stat. 123.
849(c)................................  50:624(c).
849(d)................................  50:624(d).
849(e)................................  50:624(e).
849(f)................................  50:624(f).
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---------------------------------

    In subsection (a), the word ``commissioned'' is inserted for 
clarity.
    In subsection (d), the word ``Commonwealth'' is inserted to reflect 
the present status of Puerto Rico. The words ``of Columbia'' are 
inserted after the word ``District'' for clarity. The words ``the 
distance of'' are omitted as surplusage.
    In subsections (e) and (f), the words ``the requirements of'' and 
the words ``of this article'' are omitted as surplusage. The word 
``presented'' is substituted for the word ``adduced'' in subsection (e).
    In subsection (f), the word ``directs'' is substituted for the words 
``shall have directed''. The words ``by law'' are omitted as surplusage.


                               Amendments

    1983--Subsecs. (d), (f). Pub. L. 98-209 inserted ``or, in the case 
of audiotape, videotape, or similar material, may be played in 
evidence'' after ``read in evidence''.
    1968--Subsec. (a). Pub. L. 90-632 inserted reference to the taking 
of depositions being forbidden by the military judge or the court-
martial without a military judge if the case is being heard.


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-209 effective on first day of eighth 
calendar month beginning after Dec. 6, 1983, but not to apply to any 
case in which the findings and sentence were adjudged by a court-martial 
before that date, and the proceedings in any such case to be held in the 
same manner and with the same effect as if such amendments had not been 
enacted, see section 12(a)(1), (4) 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.
