Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 131.7
Process of military courts
Military (MIL) CHAPTER 36, ARTICLE 7, PART 11
§ 131.7. Process of military courts. (a) 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 subpoenae and subpoenae duces tecum and to
enforce by attachment attendance of witnesses and production of books
and records.

(b) Such process and mandates may be issued by summary courts-martial,
provost courts and the military judge or 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 section 2.10 of the
criminal procedure law, when acting pursuant to his special duties, or
any police officer and shall be in such form as may be prescribed by
regulations issued pursuant to this chapter.

(c) 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.