39A-5-212. Military court -- Oath or affirmation.

226 words·~1 min read·/ut/title-39a/chapter-5/39a-5-212

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(1)Before performing their respective duties, an oath or affirmation to perform all duties faithfully shall be administered to:

(a)military judges;

(b)interpreters;

(c)members of the court;

(d)the trial counsel;

(e)the assistant trial counsel;

(f)the defense counsel;

(g)the assistant defense counsel; and

(h)court reporters.

(a)The governor shall prescribe by regulation:

(i)the oath or affirmation;

(ii)the time and place of taking the oath or affirmation;

(iii)the manner of recording the taking; and

(iv)whether the oath is to be taken for all cases in which these duties are to be performed or for a specific case.

(b)The regulations may provide that an oath or affirmation to faithfully perform any of the duties under Subsection

(1)except that of court reporter, be taken at any time by any judge advocate, legal officer, or other individual certified as qualified or competent for the duty. The regulations may also provide that an oath under this subsection need not again be taken at the time the judge advocate, legal officer, or other individual having taken an oath under this section is detailed to that duty.

(3)Each witness in a military court shall be examined under oath or affirmation.

Renumbered and Amended by Chapter 373 , 2022 General Session