Refusal to appear or testify.

  1. Law
  2. Oklahoma Statutes
  3. Militia
  4. Refusal to appear or testify.

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ARTICLE 47. Refusal to appear or testify.

A. In general.

1. Any person described in paragraph 2 of this subsection who:

  • a.willfully neglects or refuses to appear, or
  • b.willfully refuses to qualify as a witness or to testify or to produce any evidence which that person is required to produce,

shall be guilty of indirect contempt of the court-martial or court of inquiry from which the subpoena issued.

2. The persons referred to in paragraph 1 of this subsection are the following:

  • a.any person not subject to the Oklahoma Uniform Code of Military Justice who:
    • (1)is issued a subpoena or other process described in subsection C of Section 846 of this title (Article 46, subsection C), and
    • (2)is provided a means for payment of fees and mileage pursuant to subsection D of this section, and
  • b.any person not subject to the Code who is issued a subpoena or other process described in subsection D of Section 846 of this title (Article 46, subsection D).

B. Any person who commits indirect contempt shall be punished in accordance with Sections 566, 567 and 568 of Title 21 of the Oklahoma Statutes.

C. The district attorney exercising jurisdiction in the county where the court-martial or court of inquiry is convened, shall, upon the certification of the facts to him or her by the military court, court of inquiry or convening authority, file an information against and prosecute any person violating this section.

D. The fees and mileage of witnesses shall be paid as follows:

1. Any civilian witness, who is not a federal employee, appearing in obedience to an order, subpoena, or other lawful compulsion at any stage of a general or special court-martial or court of inquiry where the party seeking the attendance of the witness is the trial counsel, the defense counsel or the defendant appearing pro se, shall be paid from any monies available in the Military Justice Fund established in Section 941 of Title 44 of the Oklahoma Statutes, the fees and mileage at the rate prescribed by Section 81 of Title 28 of the Oklahoma Statutes;

2. Any witness appearing in obedience to an order, subpoena, or other lawful compulsion at any stage of a court-martial for which no provision in this subsection is applicable, shall be paid at the discretion of the military judge presiding over a general or special court-martial proceeding from any monies available in the Military Justice Fund established in Section 941 of Title 44 of the Oklahoma Statutes, the fees and mileage at the rate prescribed by Section 81 of Title 28 of the Oklahoma Statutes;

3. The comptroller of the military department, or any other person designated by the Adjutant General, shall, upon proof of claim, issue to witnesses, summoned pursuant to this subsection, certificates showing the names of witnesses, number of days' attendance, distance traveled and the amount of such fees and mileage; and

4. The Adjutant General may promulgate additional regulations governing the method and process for payment of fees and mileage to a civilian witness, who is not a federal employee, appearing in obedience to an order, subpoena, or other lawful compulsion at any stage of a general, special or summary court-martial or court of inquiry.

Added by Laws 2019, c. 408, § 54, eff. Oct. 1, 2019.


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