Sec. 145.
(1) A military court is empowered to issue process and mandates necessary and proper to carry into full effect the powers vested in the court. The court shall have the power to issue subpoenas duces tecum and to enforce by attachment attendance of witnesses and production of books and records.
(2) The process and mandates may be issued by a summary court-martial, military judge, trial counsel, and the president of any other military court and may be directed to and executed or served by a person designated in section 144 or a civil law enforcement officer and shall be in a form as may be prescribed by rules promulgated pursuant to this code.
(3) A civil law enforcement officer or a person appointed pursuant to section 144 to whom a process or mandate may be directed shall execute or serve and return the process or mandate pursuant to the requirements of the process or mandate. Except as otherwise specifically provided in this code, the civil law enforcement officer or a person appointed pursuant to section 144 shall not demand or require payment of a fee or charge of any nature for receiving, executing, serving, or returning the process or mandate or for any services in connection with the process or mandate.
History: 1980, Act 523, Eff. Mar. 31, 1981 Admin Rule: R 32.171 et seq. of the Michigan Administrative Code.
Structure Michigan Compiled Laws
Chapter 32 - Military Establishment
Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148)
Article 11 - (32.1135...32.1148)
Section 32.1137 - Sections to Be Explained to Enlisted Person; Availability of Code and Rules.
Section 32.1140 - Delegation and Subdelegation of Authority Vested in Governor.
Section 32.1143 - Jurisdiction of Military Courts and Board; Presumption; Burden of Proof.