[§124B-71] Opportunity to obtain witnesses and other evidence.

418 words·~2 min read·/hi/124b-71

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In a case referred for trial by court-martial, the trial counsel, defense counsel, and court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with rules adopted by the governor or adjutant general or as provided by law.

(b)Any subpoena or other process issued under this section shall:

(1)Except as otherwise permitted by the court for good cause, be in a form similar to the one that courts of the State having criminal jurisdiction may issue or properly accept;

(2)Be executed in accordance with rules adopted by the governor or adjutant general or as provided by law; and

(3)Run to any part of the State and shall be executed by civil officers as prescribed by the laws of the State.

(c)A subpoena or other process may be issued to compel a witness to appear and testify:

(1)Before a military court;

(2)At a deposition under section 124B-74; or

(3)As otherwise authorized under this chapter.

(d)A subpoena or other process may be issued to compel the production of evidence:

(1)For a military court;

(2)For a deposition under section 124B-74;

(3)For an investigation of an offense under this chapter; or

(4)As otherwise authorized under this chapter.

(e)An investigative subpoena under subsection (d)(3) 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 a subpoena or a military judge issues a subpoena pursuant to section 124B-52.

(f)With respect to an investigation of an offense under this chapter, a military judge detailed in accordance with sections 124B-41, 124B-42, or 124B-45 may issue warrants or court orders for contents of, and records concerning, wire or electronic communications in the same manner as warrants and orders may be issued by courts of the State under chapter 803, subject to limitations as prescribed by the governor or adjutant general by rule or as prescribed by law.

(g)If a person requests relief from a subpoena or other process under this section on grounds that compliance is unreasonable, oppressive, or prohibited by law, a military judge detailed in accordance with sections 124B-41, 124B-42, or 124B-45 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. [L 2022, c 286, pt of §2]