.405 Process and mandates of military courts.
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35.405 Process and mandates of military courts.
(1)
Military courts are empowered to issue all process and mandates necessary and
proper to carry into full effect the powers vested in said courts. Such courts shall
have power to issue subpoenas and subpoenas duces tecum and to enforce by
attachment attendance of witnesses and production of books and records.
(2)
Process and mandates may be issued by summary courts-martial, provost courts,
and the president of other military courts and may be directed to and may be
executed by the marshals of the military court or any peace officer as defined in
KRS 61.310 and 446.010, and shall be in such form as may be prescribed by
regulations issued pursuant to this chapter.
(3)
It shall be the duty of all officers to whom such process or mandate may be so
directed to execute the same and make return of their acts thereunder according to
the requirements of the same. Except as otherwise specifically provided in this
chapter, no such officer shall demand or require payment of any fee or charge of any
nature for receiving, executing or returning any such process or mandate or for any
services in connection therewith.
Effective: July 1, 1954
History: Created 1954 Ky. Acts ch. 99, sec. 80, effective July 1, 1954.