ARTICLE 46. Opportunity to obtain witnesses and other evidence in trials by court-martial.
A. Opportunity to obtain witnesses and other evidence. 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 as may be promulgated by the Adjutant General.
B. Subpoena and other process generally. Any subpoena or other process issued under this section:
1. Shall be similar to that which courts of the State of Oklahoma having criminal jurisdiction may issue pursuant to Title 22 of the Oklahoma Statutes;
2. Shall be executed in accordance with regulations promulgated by the Adjutant General; and
3. Shall run to any part of the State of Oklahoma.
C. Subpoena and other process for witnesses. 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 Section 849 of this title (Article 49); or
3. As otherwise authorized under the Oklahoma Uniform Code Of Military Justice.
D. Subpoena and other process for evidence.
1. In general. A subpoena or other process may be issued to compel the production of evidence:
2. Investigative subpoena. An investigative subpoena under subparagraph c of paragraph 1 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 trial judge issues such a subpoena pursuant to subsection A of Section 830 of this title (Article 30, subsection A), or a military magistrate issues such a subpoena pursuant to subparagraph a of paragraph 1 of subsection A of Section 17 of this act (Article 30A, subsection A, paragraph 1, subparagraph a).
3. Warrant or order for wire or electronic communications. With respect to an investigation of an offense under the Code, a military trial judge detailed in accordance with Section 826 or subsection A of Section 830 of this title (Article 26 or Article 30, subsection A) 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 the State of Oklahoma under the provisions of Title 22 of the Oklahoma Statutes, subject to such limitations as may be prescribed by regulations promulgated by the Adjutant General. No military magistrate detailed or retained under Section 17 of this act (Article 30A) shall issue warrants or court orders for the contents of, and records concerning, wire or electronic communications.
E. Request for relief from subpoena or other process. If a person requests relief from a subpoena or other process under this section (article) on grounds that compliance is unreasonable or oppressive or is prohibited by law, a military trial judge detailed in accordance with Section 826 or subsection A of Section 830 of this title (Article 26 or Article 30, subsection A) 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.
Added by Laws 2019, c. 408, § 53, eff. Oct. 1, 2019. Amended by Laws 2021, c. 12, § 18, emerg. eff. April 13, 2021.