Tex. Gov't Code Section 432.071
Opportunity to Obtain Witnesses and Other Evidence

(a)

The trial counsel, defense counsel, accused, and court-martial have equal opportunity to obtain witnesses and other evidence. Each has the right of compulsory process for obtaining witnesses.

(b)

The presiding officer of a court-martial may:

(1)

issue a warrant for the arrest of an accused person 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;

(2)

issue subpoenas duces tecum and other subpoenas;

(3)

enforce by attachment the attendance of witnesses and the production of books and papers; and

(4)

sentence for refusal to be sworn or to answer as provided in actions before civil courts of the state.

(c)

Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence runs to any part of the state and shall be executed by civil officers or peace officers as described by the laws of the state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Source: Section 432.071 — Opportunity to Obtain Witnesses and Other Evidence, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­432.­htm#432.­071 (accessed Jun. 5, 2024).

432.001
Definitions 432.002
Persons Subject to Chapter 432.003
Jurisdiction to Try Certain Personnel 432.004
Territorial Applicability of Chapter 432.005
Judge Advocates and Legal Officers 432.008
Apprehension 432.009
Apprehension of Deserters 432.010
Imposition of Restraint 432.011
Restraint of Persons Charged with Offenses 432.012
Reports and Receiving of Prisoners 432.013
Punishment Prohibited Before Trial 432.014
Delivery of Offenders to Civil Authorities 432.015
Commanding Officer’s Nonjudicial Punishment 432.031
Courts-martial Classified 432.032
Jurisdiction of Court-martial in General 432.033
Jurisdiction of General Court-martial 432.034
Jurisdiction of Special Court-martial 432.035
Jurisdiction of Summary Court-martial 432.036
Jurisdiction of Court-martial Not Exclusive 432.041
Who May Convene General Court-martial 432.042
Who May Convene Special Court-martial 432.043
Who May Convene Summary Court-martial 432.044
Who May Serve on Court-martial 432.045
Military Judge of Court-martial 432.046
Detail of Trial Counsel and Defense Counsel 432.047
Detail or Employment of Reporters and Interpreters 432.048
Absent and Additional Members 432.051
Charges and Specifications 432.052
Compulsory Self-incrimination Prohibited 432.053
Investigation 432.054
Forwarding of Charges 432.055
Advice of Staff Judge Advocate and Reference for Trial 432.056
Service of Charges 432.061
Procedure 432.062
Unlawfully Influencing Action of Court 432.063
Duties of Trial Counsel and Defense Counsel 432.064
Sessions 432.065
Continuances 432.066
Challenges 432.067
Oaths 432.068
Limitations 432.069
Former Jeopardy 432.070
Pleas of Accused 432.071
Opportunity to Obtain Witnesses and Other Evidence 432.072
Refusal to Appear or Testify 432.073
Contempt 432.074
Depositions 432.075
Admissibility of Records of Courts of Inquiry 432.076
Voting and Rulings 432.077
Number of Votes Required 432.078
Court-martial to Announce Action 432.079
Record of Trial 432.091
Cruel and Unusual Punishments Prohibited 432.092
Limits 432.093
Effective Date of Sentences 432.094
Execution of Confinement 432.101
Error of Law 432.102
Initial Action on Record 432.103
Same General Court-martial Records 432.104
Reconsideration and Revision 432.105
Rehearings 432.106
Approval by Convening Authority 432.107
Disposition of Records After Review by Convening Authority 432.108
Review by State Judge Advocate General 432.109
Review by Texas Court of Military Appeals 432.110
Appellate Counsel 432.111
Vacation of Suspension 432.112
Petition for New Trial 432.113
Remission or Suspension 432.114
Restoration 432.115
Finality of Proceedings, Findings, and Sentences 432.121
Persons to Be Tried or Punished 432.122
Principals 432.123
Accessory After the Fact 432.124
Conviction of Lesser Included Offense 432.125
Attempts 432.126
Conspiracy 432.127
Solicitation 432.128
Fraudulent Enlistment, Appointment, or Separation 432.129
Unlawful Enlistment, Appointment, or Separation 432.130
Desertion 432.131
Absence Without Leave 432.132
Missing Movement 432.133
Contempt Towards Governor 432.134
Disrespect Toward Superior Commissioned Officer 432.135
Assaulting or Wilfully Disobeying Superior Commissioned Officer 432.136
Insubordinate Conduct Toward Warrant Officer or Noncommissioned Officer 432.137
Failure to Obey Order or Regulation 432.138
Cruelty and Maltreatment 432.139
Mutiny, Sedition, Failure to Suppress Mutiny or Sedition 432.140
Resistance, Breach of Arrest, and Escape 432.141
Releasing Prisoner Without Proper Authority 432.142
Unlawful Detention of Another 432.143
Noncompliance with Procedural Rules 432.151
False Official Statements 432.152
Military Property--loss, Damage, Destruction, or Wrongful Disposition 432.153
Property Other than Military Property--waste, Spoilage, or Destruction 432.154
Improper Hazarding of Vessel 432.155
Driving While Intoxicated or While Under Influence of Narcotic Drug 432.156
Drunk on Duty 432.157
Malingering 432.158
Riot or Breach of Peace 432.159
Provoking Speeches or Gestures 432.160
Larceny and Wrongful Appropriation 432.161
Forgery 432.162
Extortion 432.163
Assault 432.164
Perjury 432.165
Frauds Against Government 432.166
Conduct Unbecoming an Officer and a Gentleman 432.167
General Article 432.171
Definitions 432.172
Sexual Assault and Indecent Assault 432.173
State Sexual Offense Prevention and Response Program 432.174
Investigation 432.175
Protective Order 432.176
Report to Legislature 432.181
Courts of Inquiry 432.182
Authority to Administer Oaths 432.183
Chapter to Be Explained 432.184
Complaints of Wrongs 432.185
Redress of Injuries to Property 432.186
Immunity for Action of Military Courts 432.187
Delegation of Authority by Governor 432.188
Execution of Process and Sentence 432.189
Process of Military Courts 432.190
Payment of Fines, Costs, and Disposition Thereof 432.191
Presumption of Jurisdiction 432.192
Witnesses’ Expenses 432.193
Arrest, Bonds, Laws Applicable 432.194
Expenses of Administration 432.195
Short Title 432.1225
Penal Code Offenses
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Accessed:
Jun. 5, 2024

§ 432.071’s source at texas​.gov