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Title 10 — Armed ForcesRelease 119-73

§949g Oaths

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 47A— - MILITARY COMMISSIONS › Subchapter SUBCHAPTER IV— - TRIAL PROCEDURE › § 949g

Last updated Apr 6, 2026|Official source

Summary

People who serve in a military commission—like military judges, panel members, prosecutors, defense lawyers, reporters, and interpreters—must swear or affirm to do their jobs faithfully before they act. Witnesses must also be sworn or affirmed. The Secretary of Defense makes the rules about the oath’s wording, when and where it is taken, how it is recorded, and whether it covers all cases or just one. The rules can allow qualified judge advocates or others to take the oath at any time and, if they do, not have to repeat it when assigned.

Full Legal Text

Title 10, §949g

Armed Forces — Source: USLM XML via OLRC

(a)(1)Before performing their respective duties in a military commission under this chapter, military judges, members, trial counsel, defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully.
(2)The form of the oath required by paragraph (1), the time and place of the taking thereof, the manner of recording thereof, and whether the oath shall be taken for all cases in which duties are to be performed or for a particular case, shall be as provided in regulations prescribed by the Secretary of Defense. The regulations may provide that—
(A)an oath to perform faithfully duties as a military judge, trial counsel, or defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty; and
(B)if such an oath is taken, such oath need not again be taken at the time the judge advocate or other person is detailed to that duty.
(b)Each witness before a military commission under this chapter shall be examined on oath.
(c)In this section, the term “oath” includes an affirmation.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 949g, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2613, related to oaths, prior to the general amendment of this chapter by Pub. L. 111–84.

Reference

Citations & Metadata

Citation

10 U.S.C. § 949g

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73