Sec. 27-188. Obtaining of witnesses and evidence.
Sec. 27-188. Obtaining of witnesses and evidence. (a) The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses and
other evidence in accordance with such regulations as the Governor may prescribe.
(b) The military judge, president of a court-martial, if a special court-martial to
which no military judge has been detailed, or a summary court officer may: (1) Issue a
warrant for the arrest of any accused person who, having been served with a warrant
and a copy of the charges, disobeys a written order by the convening authority to appear
before the court; (2) issue subpoenas duces tecum and other subpoenas; (3) enforce by
attachment the attendance of witnesses and the production of books and papers; and (4)
sentence for refusal to be sworn or to answer, as provided in actions before civil courts
of the state.
(c) Process issued in court-martial cases to compel witnesses to appear and testify
and to compel the production of other evidence shall run to any part of the state and
shall be executed by civil officers as prescribed by the laws of the state.
(1967, P.A. 717, S. 48; P.A. 89-221, S. 14.)
History: P.A. 89-221 amended Subsec. (b) to authorize the "military judge" and the president of a court-martial "if a
special court-martial to which no military judge has been detailed" to take the enumerated actions.