§ 12-64-516 — Obtaining witnesses and other 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 rules as the Governor may prescribe. (b) The military judge, the president of a court-martial, 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 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.

Legislative History

Amended by Act 2019, No. 315,§ 956, eff. 7/24/2019. Acts 1969, No. 50, § 92; A.S.A. 1947, § 11-647; Acts 1987, No. 125, § 11.