10-U.S.C.-935
§935 – Art. 135. Courts of Inquiry
Pathway
Title 10 > Subtitle A > Part II > Chapter 47 > Subchapter XI > Section 935
Details
- Reference: Section 935
- Legend: §935 – Art. 135. Courts of Inquiry
- USCode Year: 2013
Provision Content
(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.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 935(a) 935(b) 935(c) |
50:731(a). 50:731(b). 50:731(c). |
May 5, 1950, ch. 169, §1 (Art. 135), 64 Stat. 143. |
| 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). |
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.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-920A in the Legal Encyclopedia: General Military Law
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10-U.S.C.-921 in the Legal Encyclopedia: Uniform Code of Military Justice
In this entry about 10-U.S.C.-921, find legal reference material, bibliographies and premiere content related to uniform code of military justice in the American Encyclopedia of Law, presenting a comprehensive view of the United States uniform code of military justice-specific issues, written by authorities in the field.
10-U.S.C.-923A in the Legal Encyclopedia: Justice
In this entry about 10-U.S.C.-923A, find legal reference material, bibliographies and premiere content related to justice in the American Encyclopedia of Law, presenting a comprehensive view of the United States justice-specific issues, written by authorities in the field.
10-U.S.C.-933 in the Legal Encyclopedia: Enlistments
In this entry about 10-U.S.C.-933, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.
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