{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-846","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-846","heading":"Opportunity to obtain witnesses and other evidence in","body":"trials by court-martial.\n\nARTICLE 46. Opportunity to obtain witnesses and other evidence\n\nin trials by court-martial.\n\nA. Opportunity to obtain witnesses and other evidence. In a\n\ncase referred for trial by court-martial, the trial counsel, the\n\ndefense counsel, and the court-martial shall have equal opportunity\n\nto obtain witnesses and other evidence in accordance with such\n\nregulations as may be promulgated by the Adjutant General.\n\nB. Subpoena and other process generally. Any subpoena or other\n\nprocess issued under this section:\n\n1. Shall be similar to that which courts of the State of\n\nOklahoma having criminal jurisdiction may issue pursuant to Title 22\n\nof the Oklahoma Statutes;\n\n2. Shall be executed in accordance with regulations promulgated\n\nby the Adjutant General; and\n\n3. Shall run to any part of the State of Oklahoma.\n\nC. Subpoena and other process for witnesses. A subpoena or\n\nother process may be issued to compel a witness to appear and\n\ntestify:\n\n1. Before a court-martial or court of inquiry;\n\n2. At a deposition under Section 849 of this title (Article\n\n49); or\n\n3. As otherwise authorized under the Oklahoma Uniform Code Of\n\nMilitary Justice.\n\nD. Subpoena and other process for evidence.\n\n1. In general. A subpoena or other process may be issued to\n\ncompel the production of evidence:\n\na. for a court-martial or court of inquiry,\n\nb. for a deposition under Section 849 of this title\n\n(Article 49),\n\nc. for an investigation of an offense under the Code, or\n\nd. as otherwise authorized under the Code.\n\n2. Investigative subpoena. An investigative subpoena under\n\nsubparagraph c of paragraph 1 of this subsection may be issued\n\nbefore referral of charges to a court-martial only if a general\n\ncourt-martial convening authority has authorized counsel for the\n\ngovernment to issue such a subpoena, or a military trial judge\n\nissues such a subpoena pursuant to subsection A of Section 830 of\n\nthis title (Article 30, subsection A), or a military magistrate\n\nissues such a subpoena pursuant to subparagraph a of paragraph 1 of\n\nsubsection A of Section 17 of this act (Article 30A, subsection A,\n\nparagraph 1, subparagraph a).\n\n3. Warrant or order for wire or electronic communications.\n\nWith respect to an investigation of an offense under the Code, a\n\nmilitary trial judge detailed in accordance with Section 826 or\n\nsubsection A of Section 830 of this title (Article 26 or Article 30,\n\nsubsection A) may issue warrants or court orders for the contents\n\nof, and records concerning, wire or electronic communications in the\n\nsame manner as such warrants and orders may be issued by a district\n\ncourt of the State of Oklahoma under the provisions of Title 22 of\n\nthe Oklahoma Statutes, subject to such limitations as may be\n\nprescribed by regulations promulgated by the Adjutant General. No\n\nmilitary magistrate detailed or retained under Section 17 of this\n\nact (Article 30A) shall issue warrants or court orders for the\n\ncontents of, and records concerning, wire or electronic\n\ncommunications.\n\nE. Request for relief from subpoena or other process. If a\n\nperson requests relief from a subpoena or other process under this\n\nsection (article) on grounds that compliance is unreasonable or\n\noppressive or is prohibited by law, a military trial judge detailed\n\nin accordance with Section 826 or subsection A of Section 830 of\n\nthis title (Article 26 or Article 30, subsection A) shall review the\n\nrequest and shall:\n\n1. Order that the subpoena or other process be modified or\n\nwithdrawn, as appropriate; or\n\n2. Order the person to comply with the subpoena or other\n\nprocess.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"43bbe4714b3f43e71514c1105fd3c53cb2479154c7ee989f40a7115bdf0095f5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-845","next":"us-ok/okla.-stat.-tit.-44-44-847"},"notice":"GroundRules: Original legal text. Not legal advice."}