Okla. Stat. tit. 44, § 44-846: Opportunity to obtain witnesses and other evidence in

trials by court-martial.

ARTICLE 46. Opportunity to obtain witnesses and other evidence

in trials by court-martial.

A. Opportunity to obtain witnesses and other evidence. In a

case referred for trial by court-martial, 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 may be promulgated by the Adjutant General.

B. Subpoena and other process generally. Any subpoena or other

process issued under this section:

1. Shall be similar to that which courts of the State of

Oklahoma having criminal jurisdiction may issue pursuant to Title 22

of the Oklahoma Statutes;

2. Shall be executed in accordance with regulations promulgated

by the Adjutant General; and

3. Shall run to any part of the State of Oklahoma.

C. Subpoena and other process for witnesses. A subpoena or

other process may be issued to compel a witness to appear and

testify:

1. Before a court-martial or court of inquiry;

2. At a deposition under Section 849 of this title (Article

49); or

3. As otherwise authorized under the Oklahoma Uniform Code Of

Military Justice.

D. Subpoena and other process for evidence.

1. In general. A subpoena or other process may be issued to

compel the production of evidence:

a. for a court-martial or court of inquiry,

b. for a deposition under Section 849 of this title

(Article 49),

c. for an investigation of an offense under the Code, or

d. as otherwise authorized under the Code.

2. Investigative subpoena. An investigative subpoena under

subparagraph c of paragraph 1 of this subsection may be issued

before referral of charges to a court-martial only if a general

court-martial convening authority has authorized counsel for the

government to issue such a subpoena, or a military trial judge

issues such a subpoena pursuant to subsection A of Section 830 of

this title (Article 30, subsection A), or a military magistrate

issues such a subpoena pursuant to subparagraph a of paragraph 1 of

subsection A of Section 17 of this act (Article 30A, subsection A,

paragraph 1, subparagraph a).

3. Warrant or order for wire or electronic communications.

With respect to an investigation of an offense under the Code, a

military trial judge detailed in accordance with Section 826 or

subsection A of Section 830 of this title (Article 26 or Article 30,

subsection A) may issue warrants or court orders for the contents

of, and records concerning, wire or electronic communications in the

same manner as such warrants and orders may be issued by a district

court of the State of Oklahoma under the provisions of Title 22 of

the Oklahoma Statutes, subject to such limitations as may be

prescribed by regulations promulgated by the Adjutant General. No

military magistrate detailed or retained under Section 17 of this

act (Article 30A) shall issue warrants or court orders for the

contents of, and records concerning, wire or electronic

communications.

E. Request for relief from subpoena or other process. If a

person requests relief from a subpoena or other process under this

section (article) on grounds that compliance is unreasonable or

oppressive or is prohibited by law, a military trial judge detailed

in accordance with Section 826 or subsection A of Section 830 of

this title (Article 26 or Article 30, subsection A) shall review the

request and shall:

1. Order that the subpoena or other process be modified or

withdrawn, as appropriate; or

2. Order the person to comply with the subpoena or other

process.