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

• A. Convening authority only
• B. Military judge only
• C. Convening authority or military judge
• D. The prosecutor

Answer: (C)

Depositions in this context are a pretrial step used to preserve witness testimony and aid in preparing for trial. When a case involves offenses not under STC authority, the power to order a deposition after referral rests with the two officials who oversee the progression of the case: the convening authority and the military judge. The convening authority, who referred the case, has broad responsibility for how the matter moves forward and can order depositions as part of preparing for trial. The military judge, who presides over the court-martial, can also order depositions as part of managing pretrial discovery to ensure the accused receives a fair opportunity to present or challenge evidence. The prosecutor does not have unilateral authority to order depositions, and the arrangement allows either the convening authority or the military judge to take action depending on who is in charge at the relevant stage.