For offenses not under STC authority, who orders a deposition before referral?

For offenses not under STC authority, who orders a deposition before referral?

• A. Convening authority
• B. Military judge
• C. Trial counsel
• D. Defense counsel

Answer: (A)

The main idea is that pre-referral fact-finding in cases not under STC authority is directed by the convening authority. The convening authority has the responsibility and authority to manage a case from the outset, including ordering depositions of witnesses to gather evidence before deciding whether to refer charges to a court-martial. This ensures there is a thorough, independent assessment of the facts before any referral takes place. A military judge presides over pre-trial matters once charges are referred or during Article 32 proceedings, but that role is not to order depositions before referral. Trial counsel and defense counsel can request proceedings or depositions, but they do not have the authority to unilaterally compel a deposition before referral. Therefore, the convening authority is the correct actor to order a deposition in this scenario.

The main idea is that pre-referral fact-finding in cases not under STC authority is directed by the convening authority. The convening authority has the responsibility and authority to manage a case from the outset, including ordering depositions of witnesses to gather evidence before deciding whether to refer charges to a court-martial. This ensures there is a thorough, independent assessment of the facts before any referral takes place.

A military judge presides over pre-trial matters once charges are referred or during Article 32 proceedings, but that role is not to order depositions before referral. Trial counsel and defense counsel can request proceedings or depositions, but they do not have the authority to unilaterally compel a deposition before referral. Therefore, the convening authority is the correct actor to order a deposition in this scenario.