(a) Opportunity To Obtain Witnesses and Other Evidence.— The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe.
(b) Defense Counsel Interview of Victim of Alleged Sex-Related Offense.—
(1)Upon notice by trial counsel to defense counsel of the name of an alleged victim of an alleged sex-related offense who trial counsel intends to call to testify at a preliminary hearing under section
832 of this title (article 32) or a court-martial under this chapter, defense counsel shall make any request to interview the victim through trial counsel.
(2)If requested by an alleged victim of an alleged sex-related offense who is subject to a request for interview under paragraph (1), any interview of the victim by defense counsel shall take place only in the presence of trial counsel, a counsel for the victim, or a Sexual Assault Victim Advocate.
(3)In this subsection, the term “alleged sex-related offense” means any allegation of—
(A)a violation of section
925 of this title (article 120, 120a, 120b, 120c, or 125); or
(B)an attempt to commit an offense specified in a paragraph (1) as punishable under section
880 of this title (article 80).
(c) Process.— 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 States having criminal jurisdiction may lawfully issue and shall run to any part of the United States, or the Commonwealths and possessions.
The word “Commonwealths” is inserted to reflect the present status of Puerto Rico.
2013—Pub. L. 113–66designated existing provisions as subsecs. (a) and (c), inserted headings, and added subsec. (b).
2006—Pub. L. 109–163substituted “Commonwealths and possessions” for “Territories, Commonwealths, and possessions”.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.