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

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

Terms Used In Utah Code 39A-5-212

  • Legal officer: means any commissioned officer of the National Guard designated to perform legal duties for a command. See Utah Code 39A-5-102
  • Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Oath: A promise to tell the truth.
  • Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.

(2) 

(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

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