Obtaining witnesses and other evidence

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  1. (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.

  2. (b) The military judge, the president of a court-martial, or a summary court officer may:

    1. (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. (2) Issue subpoenas duces tecum and other subpoenas;

    3. (3) Enforce by attachment the attendance of witnesses and the production of books and papers; and

    4. (4) Sentence for refusal to be sworn or to answer as provided in actions before civil courts of the state.

  3. (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.


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