Michigan Compiled Laws
Article 7 - (32.1036...32.1054)
Section 32.1046 - Obtaining Witnesses and Other Evidence; Equal Opportunity; Powers of Military Judge or Summary Court Officer; Process Issued in Court-Martial to Run to Any Part of State.

Sec. 46.
(1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence.
(2) The military judge or a summary court officer may do any of the following:
(a) Issue a warrant for the arrest of a person who disobeys a written order by the convening authority to appear before the court.
(b) Issue subpoenas duces tecum and other subpoenas.
(c) Enforce by attachment the attendance of witnesses and the production of books and papers.
(3) Process issued in a court-martial to compel a witness to appear and testify and to compel the production of other evidence shall run to any part of the state.
History: 1980, Act 523, Eff. Mar. 31, 1981

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 32 - Military Establishment

Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148)

Article 7 - (32.1036...32.1054)

Section 32.1036 - Procedure to Conform With Code, Rules, and Manual for Courts-Martial United States, 1969; Rules of Evidence.

Section 32.1037 - Convening Authority or Commanding Officer; Censuring, Reprimanding, or Admonishing Court; Coercing or Influencing by Unauthorized Means; Action of Court-Martial or Member of Court-Martial; Applicability; Preparing Report or Making D...

Section 32.1038 - Duties of Trial Counsel; Right of Accused to Representation by Civilian Counsel, Military Counsel, or Defense Counsel; Associate Counsel; Conviction; Brief; Assistant Trial Counsel and Assistant Defense Counsel; Performance of Dutie...

Section 32.1039 - Military Judge; Calling Court Into Session Without Presence of Members; Purposes; Proceedings to Be Made Part of Record and Conducted in Presence of Certain Persons.

Section 32.1040 - Continuances.

Section 32.1041 - Challenges for Cause and Peremptory Challenges.

Section 32.1042 - Persons Required to Take Oath or Affirmation in Presence of Accused; Examination of Witnesses on Oath or Affirmation.

Section 32.1043 - Trial and Punishment; Limitations; Computation of Time Period.

Section 32.1044 - Trial of Accused Twice for Same Offense Prohibited.

Section 32.1045 - Entering Plea of Not Guilty in Record; Entering Finding of Guilty Where Plea of Guilty Made and Accepted; Withdrawal of Guilty Plea.

Section 32.1046 - Obtaining Witnesses and Other Evidence; Equal Opportunity; Powers of Military Judge or Summary Court Officer; Process Issued in Court-Martial to Run to Any Part of State.

Section 32.1047 - Offenses Against State; Compliance With Subpoena; Attendance, Qualification, and Testifying as Witness; Production of Evidence; Trial; Jurisdiction; Punishment.

Section 32.1048 - Military Court; Contempt Power; Punishment.

Section 32.1049 - Depositions.

Section 32.1050 - Reading in Evidence Sworn Testimony of Person Whose Oral Testimony Not Obtainable; Conditions.

Section 32.1050a - Lack of Mental Responsibility as Affirmative Defense.

Section 32.1051 - Voting by Members of Court-Martial on Findings and on Sentence; Rulings by Military Judge Upon Questions of Law or Interlocutory Questions; Finality; Instructing Court as to Elements of Offense and Charge; Court-Martial Composed of...

Section 32.1052 - Conviction and Sentence; Concurrence of 2/3 of Members Present Required; Determination of Questions by Majority Vote or Lesser Vote; Tie Vote.

Section 32.1053 - Announcement by Court-Martial of Findings and Sentence.

Section 32.1054 - Record of Proceedings; Authentication; Contents; Filing Original and Copies of Trial Record.