§ 12-64-518 — Issuance of process, subpoenas, etc

(a) Military courts may issue all process and mandates necessary to carry into effect the powers vested in those courts. (b) The courts may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records when the courts are sitting within the state and the witnesses, books, and records sought are also located. (c) Such process and mandates may be issued by summary courts-martial or the president or military judge of other military courts and may be directed to and may be executed by the marshals of the military court or any peace officer and shall be in such form as may be prescribed by rules issued under this code. (d) (1) All officers to whom such process or mandates may be so directed shall execute them and make return of their acts thereunder according to the requirements of those documents. (2) Except as otherwise specifically provided in this code, no such officer may demand or require payment of any fee or charge for receiving, executing, or returning such a process or mandate or for any service in connection therewith. (e) Any sheriff, constable, jailer, marshal, or other civil officer named in this code, who shall neglect or refuse to obey, execute, or return the lawful warrant or other process of a military court or make a false return thereon, upon conviction is guilty of a Class A misdemeanor and in addition to the criminal penalties, shall forfeit fifty dollars ($50.00) for each offense or neglect of duty, the money to be recovered in a civil action against the officer and his or her official sureties by the Attorney General for the benefit of the Department of the Military Fund Account.

Legislative History

Amended by Act 2021, No. 472,§ 10, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 957, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5540, eff. 7/1/2019. Amended by Act 2017, No. 77,§ 1, eff. 8/1/2017. Acts 1969, No. 50, §§ 169, 176; A.S.A. 1947, §§ 11-680, 11-687.