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48-2711

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 27.--CODE OF MILITARY JUSTICE; TRIAL PROCEDURE

48-2711. (KCMJ Art. 46) Opportunity to obtain witnesses and other evidence.(a) Trial counsel, defense counsel and the court-martial shallhave equal opportunity to obtain witnesses and other evidence in accordancewith such regulations as the governor may prescribe. Process issued incourts-martial cases to compel witnesses to appear and testify and tocompel the production of other evidence shall be similar to that whichcourts of the state having criminal jurisdiction may lawfully issue andshall include the authority to summon witnesses from without the state asprovided in K.S.A. 22-4201 et seq. and amendments.

(b) The military judge of a court-martial or a summary court officermay:

(1) Issue a warrant for the arrest of any accused person who having beenserved with a warrant and a copy of the charges, disobeys a written orderby the convening authority to appear before the court;

(2) issue subpoenas duces tecum and other subpoenas; and

(3) enforce by attachment the attendance of witnesses and the productionof books and papers.

History: L. 1972, ch. 203, § 48-2711;L. 1988, ch. 191, § 30; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter48 > Article27 > Statutes_20678

48-2711

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 27.--CODE OF MILITARY JUSTICE; TRIAL PROCEDURE

48-2711. (KCMJ Art. 46) Opportunity to obtain witnesses and other evidence.(a) Trial counsel, defense counsel and the court-martial shallhave equal opportunity to obtain witnesses and other evidence in accordancewith such regulations as the governor may prescribe. Process issued incourts-martial cases to compel witnesses to appear and testify and tocompel the production of other evidence shall be similar to that whichcourts of the state having criminal jurisdiction may lawfully issue andshall include the authority to summon witnesses from without the state asprovided in K.S.A. 22-4201 et seq. and amendments.

(b) The military judge of a court-martial or a summary court officermay:

(1) Issue a warrant for the arrest of any accused person who having beenserved with a warrant and a copy of the charges, disobeys a written orderby the convening authority to appear before the court;

(2) issue subpoenas duces tecum and other subpoenas; and

(3) enforce by attachment the attendance of witnesses and the productionof books and papers.

History: L. 1972, ch. 203, § 48-2711;L. 1988, ch. 191, § 30; July 1.

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State Codes and Statutes

Statutes > Kansas > Chapter48 > Article27 > Statutes_20678

48-2711

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 27.--CODE OF MILITARY JUSTICE; TRIAL PROCEDURE

48-2711. (KCMJ Art. 46) Opportunity to obtain witnesses and other evidence.(a) Trial counsel, defense counsel and the court-martial shallhave equal opportunity to obtain witnesses and other evidence in accordancewith such regulations as the governor may prescribe. Process issued incourts-martial cases to compel witnesses to appear and testify and tocompel the production of other evidence shall be similar to that whichcourts of the state having criminal jurisdiction may lawfully issue andshall include the authority to summon witnesses from without the state asprovided in K.S.A. 22-4201 et seq. and amendments.

(b) The military judge of a court-martial or a summary court officermay:

(1) Issue a warrant for the arrest of any accused person who having beenserved with a warrant and a copy of the charges, disobeys a written orderby the convening authority to appear before the court;

(2) issue subpoenas duces tecum and other subpoenas; and

(3) enforce by attachment the attendance of witnesses and the productionof books and papers.

History: L. 1972, ch. 203, § 48-2711;L. 1988, ch. 191, § 30; July 1.