2019 Louisiana Laws
Revised Statutes
Title 29 - Military, Naval, and Veteran's Affairs
§146. Article 46. Opportunity to obtain witnesses and other evidence

RS 146 - Article 46. Opportunity to obtain witnesses and other evidence in trial by court-martial

A. In a case referred for trial by court-martial, the trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations prescribed in accordance with Article 36 of this Code.

B. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which civil courts of this state having criminal jurisdiction may lawfully issue and shall run to any part of the state and may be executed by civil officers of this state.

C. A subpoena or other process may be issued to compel a witness to appear and testify:

(1) Before a court-martial or court of inquiry;

(2) At a deposition under Article 49 of this Code; or

(3) As otherwise authorized under this Code.

D.(1) A subpoena or other process may be issued to compel the production of evidence:

(a) For a court-martial or court of inquiry;

(b) For a deposition under Article 49 of this Code;

(c) For an investigation of an offense under this Code; or

(d) As otherwise authorized under this Code.

(2) An investigative subpoena under Subparagraph (1)(c) of this Subsection may be issued before referral of charges to a court-martial only if a general court-martial convening authority has authorized counsel for the government to issue such a subpoena or a military judge issues such a subpoena pursuant to Article 30a of this Code.

(3) With respect to an investigation of an offense under this Code, a military judge detailed in accordance with Article 26 or 30a of this Code, may issue warrants or court orders for the contents of, and records concerning, wire or electronic communications in the same manner as such warrants and orders may be issued by a district court of this state, subject to rules prescribed under Article 36 of this Code.

E. If a person requests relief from a subpoena or other process under this Article on grounds that compliance is unreasonable or oppressive or is prohibited by law, a military judge detailed in accordance with Article 26 or 30a of this Code shall review the request and shall:

(1) Order that the subpoena or other process be modified or withdrawn, as appropriate; or

(2) Order the person to comply with the subpoena or other process.

Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.