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Title 10, Armed ForcesRelease 119-102

§842 Art. 42. Oaths

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 47 — UNIFORM CODE OF MILITARY JUSTICE › SUBCHAPTER VII — TRIAL PROCEDURE › § 842

Last updated Aug 21, 2026|Official source

Summary

People who serve in courts-martial must swear to do their jobs faithfully before they act. This covers judges, court members, prosecutors and their assistants, defense lawyers and their assistants, reporters, and interpreters. The Secretary’s rules tell how, when, and where the oath is given and recorded, and whether it covers all cases or just one. The rules may let qualified judge advocates or others take that oath ahead of time so they do not have to repeat it when assigned. Every witness at a court-martial must testify under oath.

Full Legal Text

Title 10, §842

Armed Forces, Source: USLM XML via OLRC

(a)Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the Secretary concerned. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate 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 if such an oath is taken it need not again be taken at the time the judge advocate or other person is detailed to that duty.
(b)Each witness before a court-martial shall be examined on oath.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 842(a)842(b)50:617(a).50:617(b).May 5, 1950, ch. 169, § 1 (Art. 42), 64 Stat. 121. In subsection (a), the word “all” and the word “the” before the words “members”, “trial”, “defense”, and “reporter” are omitted as surplusage. In subsections (a) and (b), the words “or affirmation” are omitted as covered by the definition of the word “oath” in section 1 of Title 1. In subsection (b), the words “Each witness” are substituted for the words “All witnesses”.

Editorial Notes

Amendments

1983—Subsec. (a). Pub. L. 98–209 struck out “, law specialist,” after “judge advocate” in two places, substituted “assistant or associate defense counsel” for “assistant defense counsel”. 1968—Subsec. (a). Pub. L. 90–632 struck out requirement that the oath given to court-martial personnel be taken in the presence of the accused and provided that the form of the oath, the time and place of its taking, the manner of recording thereof, and whether the oath shall be taken for all cases or for a particular case shall be as prescribed by

Regulations

of the Secretary concerned and contemplated secretarial

Regulations

allowing the administration of an oath to certified legal personnel on a one-time basis.

Statutory Notes and Related Subsidiaries

Effective Date

of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.

Effective Date

of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 842

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102