38.38.408 - Opportunity to obtain witnesses and other evidence.

[Art. 46] 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 governor may prescribe.

     (2) The president of a special court-martial, military judge, military magistrate, or a summary court officer 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 the laws of the state.

[2009 c 378 § 20; 1989 c 48 § 45; 1963 c 220 § 48.]