39A-5-207.  Authority of military court judges — Payment of witnesses.

(1)  Judges of military courts may:

Terms Used In Utah Code 39A-5-207

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
  • 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.
  • Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  issue a warrant for the arrest of an accused individual who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;

(b)  issue subpoenas and subpoenas duces tecum, and enforce by attachment the attendance of witnesses and the production of books and papers;

(c)  sentence for a refusal to be sworn or to answer as provided in actions before civil courts; and

(d)  issue process to compel witnesses to appear and testify, and compel the production of other evidence in any county within the state.

(2)  Witnesses shall be paid in the same manner as in district courts.

Renumbered and Amended by Chapter 373, 2022 General Session