GEORGIA CODE (Last Updated: August 20, 2013) |
Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS |
Chapter 2. MILITARY AFFAIRS |
Article 5. CODE OF MILITARY JUSTICE |
Part 7. TRIAL PROCEDURES |
Section 38-2-441. Process and mandates of military courts; who may issue; execution
Latest version.
- (a) Military courts are empowered to issue all process and mandates necessary and proper to carry into full effect the powers vested in the courts. The courts shall have power to issue subpoenas for the attendance of witnesses and subpoenas for the production of documentary evidence and to enforce by attachment attendance of witnesses and production of books, records, and other documentary evidence.
(b) Such process and mandates may be issued by summary courts-martial, provost courts, and the president of other military courts; may be directed to and may be executed by any sheriff, the marshals of the military court, or any peace officer; and shall be in such form as may be prescribed by regulations issued pursuant to this chapter.
(c) It shall be the duty of all officers to whom process or mandate may be so directed to execute the same and make return of their acts thereunder according to the requirements of the same. Except as otherwise specifically provided in this chapter, no such officer shall demand or require payment of any fee or charge of any nature for receiving, executing, or returning any process or mandate or for any services in connection therewith.
Ga. L. 1916, p. 158, § 3; Code 1933, § 86-1201; Ga. L. 1951, p. 311, § 23; Ga. L. 1955, p. 10, § 61.7.