Maryland Code, PUBLIC SAFETY 13A-1101
Terms Used In Maryland Code, PUBLIC SAFETY 13A-1101
- Convening authority: includes :
(1) the person who convened the court; and
(2) (i) a commissioned officer commanding for the time being; or
(ii) a successor in command to the convening authority. See - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Record: when used in connection with the proceedings of a court-martial, means:
(1) an official written transcript, written summary, or other writing relating to the proceedings; or
(2) an official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images depicting the proceedings, may be reproduced. See - 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).
- State military forces: means the National Guard of the State, as defined in title 32 of the United States Code, when not in a status subjecting them to exclusive jurisdiction under 10 U. See
- Testify: Answer questions in court.
(b) (1) A court of inquiry consists of three or more commissioned officers.
(2) For each court of inquiry, the convening authority shall also appoint counsel for the court.
(c) (1) A person subject to this title whose conduct is subject to inquiry shall be designated as a party.
(2) A person subject to this title who has a direct interest in the subject of inquiry has the right to be designated as a party on request to the court.
(3) A person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
(d) A member 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 a court of inquiry shall take an oath to faithfully perform their duties.
(f) Witnesses may be summoned to appear and testify and be examined before a court of inquiry, as provided for courts-martial.
(g) A court of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
(h) (1) A 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.
(2) If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president.
(3) If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.