2005 Idaho Code - 46-1136 — PROCESS -- MANDATES -- SUBPOENAS DUCES TECUM -- ATTACHMENT OF WITNESSES AND BOOKS AND RECORDS -- FORM -- EXECUTION -- SERVICE WITHOUT CHARGE

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 11
                           CODE OF MILITARY JUSTICE
    46-1136.  PROCESS -- MANDATES -- SUBPOENAS DUCES TECUM -- ATTACHMENT OF
WITNESSES AND BOOKS AND RECORDS -- FORM -- EXECUTION -- SERVICE WITHOUT
CHARGE. (1) Military courts are empowered to issue all process and mandates
necessary and proper to carry into full effect the powers vested in such
courts. Such courts shall have power to issue subpoenas duces tecum and to
enforce by attachment attendance of witnesses, the accused, and production of
books and records.
    (2)  Such process and mandates may be issued by the military judge of a
court-martial and may be directed to any military officer or peace officer as
defined in the laws of this state.
    (3)  It shall be the duty of all officers to whom such process or mandates
may be directed to execute the same and make return of their acts thereunder
according to the requirements of the same.
    (4)  Any person not subject to this code who:
    (a)  Has been duly subpoenaed to appear as a witness before a
    court-martial or before any military or civil officer designated to take a
    deposition to be read in evidence before such a court or board;
    (b)  Has been duly paid or tendered the fees and mileage of a witness at
    the rates allowed to witnesses attending the courts of the state of Idaho;
    and
    (c)  Willfully neglects or refuses to appear, or refuses to qualify as a
    witness or to testify or to produce any evidence which that person may
    have been legally subpoenaed to produce;
commits an offense under this act and may be tried by complaint and
information in an Idaho district court, jurisdiction hereby being conferred
upon those courts for that purpose. Upon conviction, such a person shall be
punished by a fine of not more than five hundred dollars ($500), or
imprisonment for not more than thirty (30) days, or both. The prosecuting
attorney or the officer prosecuting for the state of Idaho in the district
court shall, upon certification of the facts to him by the military judge,
file an affidavit against and prosecute any person violating this section.