(a) Any person not subject to this code who does all of the following may be punished by the military court in the same manner as a criminal court of the state:
(1) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before such a court.
(2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the state.
(3) 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.
(b) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.
(c) At the request of the military judge or the convening authority and upon receipt of proof that a person not subject to this code has refused to appear or testify or produce evidence as set forth in subsection (a), the circuit court of the county where the court-martial has been convened, upon application, shall institute criminal contempt proceedings against such person under the provisions of Rule 33, et seq., of the Alabama Rules of Criminal Procedure.
Structure Code of Alabama
Title 31 - Military Affairs and Civil Defense.
Chapter 2A - Military Justice.
Section 31-2A-36 - (Article 36.) Governor or the Adjutant General May Prescribe Rules
Section 31-2A-37 - (Article 37.) Unlawfully Influencing Action of Court.
Section 31-2A-38 - (Article 38.) Duties of Trial Counsel and Defense Counsel.
Section 31-2A-39 - (Article 39.) Sessions.
Section 31-2A-40 - (Article 40.) Continuances.
Section 31-2A-41 - (Article 41.) Challenges.
Section 31-2A-42 - (Article 42.) Oaths or Affirmations.
Section 31-2A-43 - (Article 43.) Statute of Limitations.
Section 31-2A-44 - (Article 44.) Former Jeopardy.
Section 31-2A-45 - (Article 45.) Pleas of the Accused.
Section 31-2A-46 - (Article 46.) Opportunity to Obtain Witnesses and Other Evidence; Subpoena.
Section 31-2A-47 - (Article 47.) Refusal to Appear or Testify.
Section 31-2A-48 - (Article 48.) Contempt.
Section 31-2A-49 - (Article 49.) Depositions.
Section 31-2A-50 - (Article 50.) Admissibility of Records of Courts of Inquiry.
Section 31-2A-50a - (Article 50a.) Defense of Lack of Mental Responsibility.
Section 31-2A-51 - (Article 51.) Voting and Rulings.
Section 31-2A-52 - (Article 52.) Number of Votes Required.