Page:United States Statutes at Large Volume 70A.djvu/111

53 53 §S46. Art. 46. Opportunity to obtain witnesses and other evidence 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 President may prescribe. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the United States having criminal jurisdiction may lawfully issue and shall run to any part of the United States, or the Territories, Commonwealths, and possessions. § 847. Art. 47. Refusal to appear or testify (a) Any person not subject to this chapter who— (1) has been duly subpenaed to appear as a witness before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board; (2) has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the courts of the United States; and (3) willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpenaed to produce; is guilty of an offense against the United States. (b) Any person who commits an offense named in subsection (a) shall be tried on information in a United States district court or in a court of original criminal jurisdiction in any of the Territories, Commonwealths, or possessions of the United States, and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be punished by a fine of not more than $500, or imprisonment for not more than six months, or both. (c) The United States attorney or the officer prosecuting for the United States in any such court of original criminal jurisdiction shall, upon the certification of the facts to him by the military court, commission, court of inquiry, or board, file an information against and prosecute any person violating this article. (d) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses. § 848. Art. 48. Contempts A court-martial, provost court, or military commission may for contempt any person who uses any menacing word, sign, ture in its presence, or who disturbs its proceedings by any disorder. The punishment may not exceed confinement days or a fine of $100, or both.

punish or gesriot or for 30

§ 849. Art. 49. Depositions (a) A t any time after charges have been signed as provided in section 830 of this title (article 30), any party may take oral or written depositions unless an authority competent to convene a courtmartial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such an

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