(a) Any person not subject to this code who does all of the following may be punished by the military court in the same manner as a criminal court of the state:

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Terms Used In Alabama Code 31-2A-47

  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • Testify: Answer questions in court.
(1) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before such a court.
(2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the state.
(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 subpoenaed to produce.
(b) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.
(c) At the request of the military judge or the convening authority and upon receipt of proof that a person not subject to this code has refused to appear or testify or produce evidence as set forth in subsection (a), the circuit court of the county where the court-martial has been convened, upon application, shall institute criminal contempt proceedings against such person under the provisions of Rule 33, et seq., of the Alabama Rules of Criminal Procedure.
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