(Article 46.) Opportunity to obtain witnesses and other evidence; subpoena.

The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall apply the principles of law and the rules of courts-martial generally recognized in military criminal cases in the courts of the Armed Forces of the United States, but which may not be contrary to or inconsistent with this code. Process shall run to any part of the United States, or the territories, commonwealths, and possessions, and may be executed by civil officers as prescribed by the laws of the place where the witness or evidence is located or outside of the United States. A court-martial convened under this code may subpoena and compel the presence of witnesses and the production of documents in the same manner as a circuit court in a criminal case. Such subpoena, however, shall be signed and issued by the military judge and shall comply with the requirements of Chapter 21 of Title 12. Any reference therein to the issuance of process by a clerk of court shall not apply in a court-martial proceeding.

(Act 2012-334, p. 790, §1; Act 2017-260, §1.)