The law › Title 10, Armed Forces › Chapter 47
10 U.S.C. 846: Art. 46. Opportunity to obtain witnesses and other evidence in trials by court-martial
Created in 2006 by the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163). Changed by 3 later laws. 1 bill in this Congress would change it.
1 other section of the Code cite this one, including 10 U.S.C. 847.
- past change
- enacted this Congress
- proposed
This Congress
- S. 4784 National Defense Authorization Act for Fiscal Year 2027 · reported by committee · would change (d)
How it got here
2016
- Pub. L. 114–328, §5228(a)(5), amended section catchline generally, substituting "Opportunity to obtain witnesses and other evidence in trials by court-martial" for "Opportunity to obtain witnesses and other evidence". (National Defense Authorization Act for Fiscal Year 2017) Law text
- Pub. L. 114–328, §5228(a)(1), substituted "In a case referred for trial by court-martial, the trial counsel, the defense counsel," for "The counsel for the Government, the counsel for the accused,". (National Defense Authorization Act for Fiscal Year 2017) Law text · (a)
- Pub. L. 114–328, §5228(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to request by counsel for accused to interview the victim of an alleged sex-related offense. (National Defense Authorization Act for Fiscal Year 2017) Law text · (b)
- Pub. L. 114–328, §5228(a)(3), amended subsec. (c) generally. Prior to amendment, text read as follows: "Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the United Sta… (National Defense Authorization Act for Fiscal Year 2017) Law text · (c)
- Pub. L. 114–328, §5228(a)(4), added subsecs. (d) and (e). (National Defense Authorization Act for Fiscal Year 2017) Law text · (d), (e)
2014
- Pub. L. 113–291, §531(b)(2), (3)(B), substituted "counsel for the Government" for "trial counsel" and "counsel for the accused" for "defense counsel". (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (a)
- Pub. L. 113–291, §531(b)(3)(A), which directed substitution of "Counsel for Accused" for "Defense Counsel" in heading of section, was executed by making the substitution in the heading of subsec. (b) to reflect the probable intent of Congress. (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
- Pub. L. 113–291, §531(b)(2), (3)(B), substituted "counsel for the Government" for "trial counsel" and "counsel for the accused" for "defense counsel" wherever appearing. (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
- Pub. L. 113–291, §531(b)(1), substituted "through the Special Victims' Counsel or other counsel for the victim, if applicable" for "through trial counsel". (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
2013
- Pub. L. 113–66 designated first sentence as subsec. (a) and second sentence as subsec. (c), inserted headings, and added subsec. (b). (National Defense Authorization Act for Fiscal Year 2014) Law text
2006
- Pub. L. 109–163 substituted "Commonwealths and possessions" for "Territories, Commonwealths, and possessions". (National Defense Authorization Act for Fiscal Year 2006) Law text
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.