(b) A court of inquiry shall consist of three or more officers.
For each court of inquiry the convening authority shall also appoint
counsel for the court.
(c) Any person subject to this code whose conduct is subject to
inquiry shall be designated as a party. Any person subject to this code
or employed in the division of military and naval affairs who has a
direct interest in the subject of inquiry shall have the right to be
designated as a party upon request to the court. Any person designated
as a party shall be given due notice and shall have the right to be
present, to be represented by counsel, to cross-examine witnesses, and
to introduce evidence.
(d) Members of a court of inquiry may be challenged by a party, but
only for cause stated to the court.
(e) The members, counsel, the reporter, and interpreters of courts of
inquiry shall take an oath or affirmation to faithfully perform their
duties.
(f) Witnesses may be summoned to appear and testify and be examined
before courts of inquiry as provided for courts-martial.
(g) Courts of inquiry shall make findings of fact but shall not
express opinions or make recommendations unless required to do so by the
convening authority.
(h) Each court of inquiry shall keep a record of its proceedings,
which shall be authenticated by the signatures of the president and
counsel for the court and forwarded to the convening authority. In case
the record cannot be authenticated by the president it shall be signed
by a member in lieu of the president and in case the record cannot be
authenticated by the counsel for the court it shall be signed by a
member in lieu of the counsel.
Structure New York Laws
Article 7 - Code of Military Justice
Part 11 - Miscellaneous Provisions
131.2 - Authority to Administer Oaths.
131.3 - Articles to Be Explained.
131.5 - Redress of Injuries to Property.
131.7 - Process of Military Courts.
131.8 - Payment of Fines and Disposition Thereof.
131.9 - Immunity for Action of Military Courts or Boards.
131.10 - Presumption of Jurisdiction.