Ill. Admin. Code tit. 95 § 400.845

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.845 - Opportunity to Obtain Witnesses and Other Evidence

a) Trial counsel shall assist defense counsel and issue subpoenas or other process as reasonably requested by defense counsel. Trial counsel shall not withhold evidence from defense counsel.

b)The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall apply the principles of law and the rules of courts-martial generally recognized in military criminal cases in the courts of the armed forces of the United States, but may not be contrary to or inconsistent with theCode. Process shall run to any part of the United States, or the U.S. territories, commonwealths and possessions, and may be executed by civil officers as prescribed by the laws of the place where the witness or evidence is located or of the United States. (Code Section 46)

Ill. Admin. Code tit. 95, § 400.845

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.