Michigan Compiled Laws
Article 11 - (32.1135...32.1148)
Section 32.1145 - Issuance of Process, Mandates, and Subpoenas Duces Tecum; Form; Enforcement; Person to Whom Directed; Execution or Service and Return; Demanding or Requiring Payment of Fee or Charge Prohibited.

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

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 32.1135 - Court of Inquiry; Convening Authority; Membership; Appointment of Counsel; Rights of Person Having Direct Interest in Subject of Inquiry; Challenges for Cause; Oath or Affirmation; Witnesses; Findings of Fact; Record of Proceedings;...

Section 32.1136 - Officers Having Power to Administer Oaths; Affidavits; Signature and Title of Office as Prima Facie Evidence of Officer's Authority.

Section 32.1137 - Sections to Be Explained to Enlisted Person; Availability of Code and Rules.

Section 32.1138 - Complaint to Superior Officer Concerning Commanding Officer; Forwarding Complaint to Officer Exercising General Court-Martial Jurisdiction; Examination; Redress; Transmitting True Statement of Complaint With Proceedings, to Adjutant...

Section 32.1139 - Complaint to Commanding Officer Concerning Wilful Damage To, or Wrongful Taking Of, Property of Person; Convening Board to Investigate Complaint; Membership and Powers of Board; Assessment, Approval, and Payment of Damages.

Section 32.1140 - Delegation and Subdelegation of Authority Vested in Governor.

Section 32.1141 - Determining Moral Character, Capacity, and General Fitness of Officer or Warrant Officer; Efficiency Board; Unfavorable Findings; Demanding Court of Inquiry; Adverse Finding; Discharge; Procedural and Other Rules; Right to Counsel.

Section 32.1142 - Action or Proceeding Not to Be Prosecuted or Maintained Against Convening Authority, Member of Military Court, or Officer or Person Acting Under Convening Authority or Reviewing Proceedings.

Section 32.1143 - Jurisdiction of Military Courts and Board; Presumption; Burden of Proof.

Section 32.1144 - Appointing and Removing Person or Persons to Execute or Serve Process, Mandate, or Order.

Section 32.1145 - Issuance of Process, Mandates, and Subpoenas Duces Tecum; Form; Enforcement; Person to Whom Directed; Execution or Service and Return; Demanding or Requiring Payment of Fee or Charge Prohibited.

Section 32.1146 - Fine; Payment; Delivery; Deduction From Pay or Allowance Due Delinquent Offender; Payment of Fine or Penalty to State Treasurer.

Section 32.1147 - Rules.

Section 32.1148 - Repeal of MCL 32.301 to 32.427.