Guam § 63724 - Process of Military Courts.

§ 63724. Process of Military Courts.

(a) Military courts may issue any process or mandate necessary to carry into effect their powers. Said

court(s) may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of

witnesses and production of books and records, when it is sitting within Guam and the witnesses, books

and records sought are also so located.

(b) Process and mandates may be issued by summary courts-martial, provost courts, or the president

of other military courts as well as any military judge and may be directed to and may be executed by the

marshals of the military court or any peace officer and shall be in such form as may be prescribed by

regulations issued under this Code.

COL 2026-04-23

(c) All officers to whom process or mandates may be so directed shall execute them and make return

of their acts thereunder according to the requirement of those documents. Except as otherwise specifically

provided in this Code, no such officer may demand or require payment of any fee or charge for receiving,

executing, or returning such a process or mandate or for any service in connection therewith.

(d) A military judge, president of any court-martial, and any summary court officer, shall have

authority to issue under his hand, in the name of the Guam, process and mandates directed to the marshal,

his deputy, any peace officer of Guam, or any official of Guam authorized to serve process, and it shall be

the duty of said party to serve and execute in the same manner in which like process is served or executed

under court procedures of Guam for necessary process, subpoenas, attachments, warrants of arrest and

warrant of commitment.

2017 NOTE: References to “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420.