Statutes > Iowa Statutes > Title 1 - State Sovereignty and Management > Subtitle 11 - Defense > CHAPTER 29B - MILITARY JUSTICE > 29B.47 - OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE.

29B.47 - OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE.

        29B.47  OPPORTUNITY TO OBTAIN WITNESSES AND OTHER
      EVIDENCE.
         1.  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 adjutant general may
      prescribe.
         2.  The military judge or the president of a court-martial without
      a military judge may:
         a.  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;
         b.  Issue subpoenas duces tecum and other subpoenas;
         c.  Enforce by attachment the attendance of witnesses and the
      production of books and papers; and
         d.  Sentence for refusal to be sworn or to answer, as provided
      in actions before civil courts of the state.
         3.  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 laws of the state.
         Section History: Early Form
         [C35, § 467-f37; C39, § 467.39; C46, 50, § 29.39; C54, 58, 62,
      § 29.76; C66, 71, 73, 75, 77, 79, 81, § 29B.47; 82 Acts, ch 1042, §
      28]
         Section History: Recent Form
         2008 Acts, ch 1032, § 201