26-204. Powers of military court; attendance of
witnesses and production of documents; process to law enforcement
officers; presumption of jurisdiction
A. A military court may:
1. Compel by subpoena, by subpoena duces tecum or by attachment, the attendance of
witnesses, both civil and military, and the production of books, papers and documents.
2. Punish for contempt a witness or other person appearing before the court, or any
person attempting to interrupt the proceedings thereof or impair the respect due its
authority.
3. Issue, in such form as the adjutant general prescribes, necessary processes and
mandates, including writs and warrants directed to marshals of the court, sheriffs,
constables and other law enforcement officers.
B. Commissions and subpoenas may be issued and witnesses summoned by the president
of a military court, or judge advocate, and the commanding officer of any organization
shall, upon request of the president or judge advocate, cause such commissions or
subpoenas to be served upon members of his command.
C. Jurisdiction of a military court or board convened as provided by this article
shall be presumed and the burden of proof is upon a person seeking to defeat the
jurisdiction of the court or board in any proceeding.
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