(a) General rule.--The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the Governor or department may prescribe.
(b) Issuance of process.--The following shall apply to issuance of process:
(1) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall apply the principles of law and the rules of courts-martial generally recognized in military criminal cases in the courts of the armed forces of the United States, unless contrary to or inconsistent with this part.
(2) If process in paragraph (1) is contrary or inconsistent with this part, process shall be similar to that which the courts of this Commonwealth having criminal jurisdiction may lawfully issue and shall run to any part of the Commonwealth and to any other state, territory or district of possession in which the court-martial may be sitting.
(3) If process in paragraphs (1) and (2) are contrary to or inconsistent with this part, process may be executed by civil officers as prescribed by the laws of the place where the witness or evidence is located or of the United States.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 5701 - Governor and department may prescribe rules
Section 5702 - Unlawfully influencing action of court
Section 5703 - Duties of trial counsel and defense counsel
Section 5707 - Oaths or affirmations
Section 5708 - Statute of limitations
Section 5709 - Former jeopardy
Section 5710 - Pleas of the accused
Section 5711 - Opportunity to obtain witnesses and other evidence
Section 5712 - Refusal to appear or testify
Section 5715 - Admissibility of records of courts of inquiry
Section 5716 - Voting and rulings
Section 5717 - Number of votes required
Section 5718 - Court to announce action
Section 5719 - Record of trial
Section 5720 - Defense of lack of mental responsibility
Section 5721 - Effect of finding of lack of mental capacity on trial proceedings
Section 5722 - Trial finding of lack of mental responsibility