Federal · Title 10 — Armed Forces

10 U.S.C. § 949j: Opportunity to obtain witnesses and other evidence

Civil

What this law says, in plain English

This statute establishes procedural rules for military commissions, requiring defense counsel reasonable access to witnesses and evidence, and mandating prosecutors disclose impeachment and mitigation evidence to the defense.

Read the full statutory text
Defense counsel in a military commission under this chapter shall have a reasonable opportunity to obtain witnesses and other evidence as provided in regulations prescribed by the Secretary of Defense. The opportunity to obtain witnesses and evidence shall be comparable to the opportunity available to a criminal defendant in a court of the United States under article III of the Constitution. shall be similar to that which courts of the United States having criminal jurisdiction may lawfully issue; and shall run to any place where the United States shall have jurisdiction thereof. negate the guilt of the accused of an offense charged; or reduce the degree of guilt of the accused with respect to an offense charged. The trial counsel shall, as soon as practicable, disclose to the defense the existence of evidence that reasonably tends to impeach the credibility of a witness whom the government intends to call at trial. The trial counsel shall, as soon as practicable upon a finding of guilt, disclose to the defense the existence of evidence that is not subject to paragraph (1) or paragraph (2) but that reasonably may be viewed as mitigation evidence at sentencing. The disclosure obligations under this subsection encompass evidence that is known or reasonably should be known to any government officials who participated in the investigation and prosecution of the case against the defendant.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.