§ 29:146 — Article 46. Opportunity to obtain witnesses and other evidence in trial by court-martial

§146. Article 46. Opportunity to obtain witnesses and other evidence in trial by court-martial
A. In a case referred for trial by court-martial, 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 prescribed in accordance with Article 36 of this Code.
B. Process issued in court-martial cases to compel witnesses to appear and testify and
to compel the production of other evidence shall be similar to that which civil courts of this
state having criminal jurisdiction may lawfully issue and shall run to any part of the state and
may be executed by civil officers of this state.
C. A subpoena or other process may be issued to compel a witness to appear and
testify:
(1) Before a court-martial or court of inquiry;
(2) At a deposition under Article 49 of this Code; or
(3) As otherwise authorized under this Code.
D.(1) A subpoena or other process may be issued to compel the production of
evidence:
(a) For a court-martial or court of inquiry;
(b) For a deposition under Article 49 of this Code;
(c) For an investigation of an offense under this Code; or
(d) As otherwise authorized under this Code.
(2) An investigative subpoena under Subparagraph (1)(c) of this Subsection may be
issued before referral of charges to a court-martial only if a general court-martial convening
authority has authorized counsel for the government to issue such a subpoena or a military
judge issues such a subpoena pursuant to Article 30a of this Code.
(3) With respect to an investigation of an offense under this Code, a military judge
detailed in accordance with Article 26 or 30a of this Code, may issue warrants or court orders
for the contents of, and records concerning, wire or electronic communications in the same
manner as such warrants and orders may be issued by a district court of this state, subject to
rules prescribed under Article 36 of this Code.
E. If a person requests relief from a subpoena or other process under this Article on
grounds that compliance is unreasonable or oppressive or is prohibited by law, a military
judge detailed in accordance with Article 26 or 30a of this Code shall review the request and
shall:
(1) Order that the subpoena or other process be modified or withdrawn, as
appropriate; or
(2) Order the person to comply with the subpoena or other process.

Legislative History

Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.