Article 31.--CODE OF MILITARY JUSTICE; MISCELLANEOUS PROVISIONS
48-3107.(KCMJ Art. 46b) Process of military courts.(a) Military courts may issue any process or mandate necessary to carryinto effect their powers. Such a court may issue subpoenas and subpoenasduces tecum and enforce by attachment attendance of witnesses andproduction of books and records, when it is within the state and thewitnesses, books and records sought are also so located.
(b) Process and mandates may be issued by summary courts-martial,provost courts, or the president or military judge of other military courtsand may be directed to and may be executed by the marshals of the militarycourt or any peace officer and shall be in such form as may be prescribedby regulations issued under this code.
(c) All officers to whom process or mandates may be so directed shallexecute them and make return of their acts thereunder according to therequirements of those documents. Except as otherwise specifically providedin this code, no such officer may demand or require payment of any fee orcharge for receiving, executing, or returning such a process or mandate orfor any service in connection therewith.
(d) The president of any court-martial, and any summary court officer,shall have authority to issue, under such president's or officer's hand, inthe name of the state of Kansas, directed to any county sheriff, or chieflaw enforcement officer of a county, whose duty it shall be to serve orexecute the same in the same manner in which like process is served orexecuted when issued by a magistrate, all necessary process, subpoenas,attachments, warrants or arrest and warrant of commitment.
History: L. 1972, ch. 203, § 48-3107;L. 1988, ch. 191, § 63; July 1.
Article 31.--CODE OF MILITARY JUSTICE; MISCELLANEOUS PROVISIONS
48-3107.(KCMJ Art. 46b) Process of military courts.(a) Military courts may issue any process or mandate necessary to carryinto effect their powers. Such a court may issue subpoenas and subpoenasduces tecum and enforce by attachment attendance of witnesses andproduction of books and records, when it is within the state and thewitnesses, books and records sought are also so located.
(b) Process and mandates may be issued by summary courts-martial,provost courts, or the president or military judge of other military courtsand may be directed to and may be executed by the marshals of the militarycourt or any peace officer and shall be in such form as may be prescribedby regulations issued under this code.
(c) All officers to whom process or mandates may be so directed shallexecute them and make return of their acts thereunder according to therequirements of those documents. Except as otherwise specifically providedin this code, no such officer may demand or require payment of any fee orcharge for receiving, executing, or returning such a process or mandate orfor any service in connection therewith.
(d) The president of any court-martial, and any summary court officer,shall have authority to issue, under such president's or officer's hand, inthe name of the state of Kansas, directed to any county sheriff, or chieflaw enforcement officer of a county, whose duty it shall be to serve orexecute the same in the same manner in which like process is served orexecuted when issued by a magistrate, all necessary process, subpoenas,attachments, warrants or arrest and warrant of commitment.
History: L. 1972, ch. 203, § 48-3107;L. 1988, ch. 191, § 63; July 1.
Article 31.--CODE OF MILITARY JUSTICE; MISCELLANEOUS PROVISIONS
48-3107.(KCMJ Art. 46b) Process of military courts.(a) Military courts may issue any process or mandate necessary to carryinto effect their powers. Such a court may issue subpoenas and subpoenasduces tecum and enforce by attachment attendance of witnesses andproduction of books and records, when it is within the state and thewitnesses, books and records sought are also so located.
(b) Process and mandates may be issued by summary courts-martial,provost courts, or the president or military judge of other military courtsand may be directed to and may be executed by the marshals of the militarycourt or any peace officer and shall be in such form as may be prescribedby regulations issued under this code.
(c) All officers to whom process or mandates may be so directed shallexecute them and make return of their acts thereunder according to therequirements of those documents. Except as otherwise specifically providedin this code, no such officer may demand or require payment of any fee orcharge for receiving, executing, or returning such a process or mandate orfor any service in connection therewith.
(d) The president of any court-martial, and any summary court officer,shall have authority to issue, under such president's or officer's hand, inthe name of the state of Kansas, directed to any county sheriff, or chieflaw enforcement officer of a county, whose duty it shall be to serve orexecute the same in the same manner in which like process is served orexecuted when issued by a magistrate, all necessary process, subpoenas,attachments, warrants or arrest and warrant of commitment.
History: L. 1972, ch. 203, § 48-3107;L. 1988, ch. 191, § 63; July 1.
