
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: 10USC935]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                 SUBCHAPTER XI--MISCELLANEOUS PROVISIONS
 
Sec. 935. Art. 135. Courts of inquiry

    (a) 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.
    (b) 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.
    (c) Any person subject to this chapter whose conduct is subject to 
inquiry shall be designated as a party. Any person subject to this 
chapter or employed by the Department of Defense who has a direct 
interest in the subject of inquiry has the right to be designated as a 
party upon request to the court. 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.
    (d) Members of a court of inquiry may be challenged by a party, but 
only for cause stated to the court.
    (e) The members, counsel, the reporter, and interpreters of courts 
of inquiry shall take an oath to faithfully perform their duties.
    (f) Witnesses may be summoned to appear and testify and be examined 
before courts of inquiry, as provided for courts-martial.
    (g) 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.
    (h) 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 76.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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935(a)................................  50:731(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
935(b)................................  50:731(b).                            1
35), 64 Stat. 143.
935(c)................................  50:731(c).
935(d)................................  50:731(d).
935(e)................................  50:731(e).
935(f)................................  50:731(f).
935(g)................................  50:731(g).
935(h)................................  50:731(h).
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    In subsection (a), the words ``Secretary concerned'' are substituted 
for the words ``Secretary of a Department''.
    In subsection (b), the word ``commissioned'' is inserted for 
clarity. The word ``consists'' is substituted for the words ``shall 
consist''.
    In subsection (c), the word ``has'' is substituted for the words 
``shall have''.
    In subsection (e), the words ``or affirmation'' are omitted as 
covered by the definition of the word ``oath'' in section 1 of title 1.
    In subsection (g), the word ``may'' is substituted for the word 
``shall''.
    In subsection (h), the word ``If'' is substituted for the words ``In 
case''.
