§ 5711. Opportunity to obtain witnesses and other evidence.

213 words·~1 min read·/pa/title-51/chapter-57/5711

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

(a)General rule.-- 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 the Governor or department may prescribe.

(b)Issuance of process.-- The following shall apply to issuance of process:

(1)Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall apply the principles of law and the rules of courts-martial generally recognized in military criminal cases in the courts of the armed forces of the United States, unless contrary to or inconsistent with this part.

(2)If process in paragraph

(1)is contrary or inconsistent with this part, process shall be similar to that which the courts of this Commonwealth having criminal jurisdiction may lawfully issue and shall run to any part of the Commonwealth and to any other state, territory or district of possession in which the court-martial may be sitting.

(3)If process in paragraphs

(1)and

(2)are contrary to or inconsistent with this part, process may be executed by civil officers as prescribed by the laws of the place where the witness or evidence is located or of the United States.

51c5712s