Oklahoma § 44-847 - Refusal to appear or testify

§ 44-847. Refusal to appear or testify

ARTICLE 47. Refusal to appear or testify.

A. In general.

1. Any person described in paragraph 2 of this subsection who:

a.

willfully neglects or refuses to appear, or

b.

willfully refuses to qualify as a witness or to

testify or to produce any evidence which that person

is required to produce,

shall be guilty of indirect contempt of the court-martial or court

of inquiry from which the subpoena issued.

2. The persons referred to in paragraph 1 of this subsection

are the following:

a.

any person not subject to the Oklahoma Uniform Code of

Military Justice who:

(1) is issued a subpoena or other process described

in subsection C of Section 846 of this title

(Article 46, subsection C), and

(2) is provided a means for payment of fees and

mileage pursuant to subsection D of this section,

and

b.

any person not subject to the Code who is issued a

subpoena or other process described in subsection D of

Section 846 of this title (Article 46, subsection D).

B. Any person who commits indirect contempt shall be punished

in accordance with Sections 566, 567 and 568 of Title 21 of the

Oklahoma Statutes.

C. The district attorney exercising jurisdiction in the county

where the court-martial or court of inquiry is convened, shall, upon

the certification of the facts to him or her by the military court,

court of inquiry or convening authority, file an information against

and prosecute any person violating this section.

D. The fees and mileage of witnesses shall be paid as follows:

1. Any civilian witness, who is not a federal employee,

appearing in obedience to an order, subpoena, or other lawful

compulsion at any stage of a general or special court-martial or

court of inquiry where the party seeking the attendance of the

witness is the trial counsel, the defense counsel or the defendant

appearing pro se, shall be paid from any monies available in the

Military Justice Fund established in Section 941 of Title 44 of the

Oklahoma Statutes - Title 44. Militia

Oklahoma Statutes, the fees and mileage at the rate prescribed by

Section 81 of Title 28 of the Oklahoma Statutes;

2. Any witness appearing in obedience to an order, subpoena, or

other lawful compulsion at any stage of a court-martial for which no

provision in this subsection is applicable, shall be paid at the

discretion of the military judge presiding over a general or special

court-martial proceeding from any monies available in the Military

Justice Fund established in Section 941 of Title 44 of the Oklahoma

Statutes, the fees and mileage at the rate prescribed by Section 81

of Title 28 of the Oklahoma Statutes;

3. The comptroller of the military department, or any other

person designated by the Adjutant General, shall, upon proof of

claim, issue to witnesses, summoned pursuant to this subsection,

certificates showing the names of witnesses, number of days'

attendance, distance traveled and the amount of such fees and

mileage; and

4. The Adjutant General may promulgate additional regulations

governing the method and process for payment of fees and mileage to

a civilian witness, who is not a federal employee, appearing in

obedience to an order, subpoena, or other lawful compulsion at any

stage of a general, special or summary court-martial or court of

inquiry.

Added by Laws 2019, c. 408, § 54, eff. Oct. 1, 2019.