In a General Court Martial, who may subpoena non-DoD civilian witnesses?

In a General Court Martial, who may subpoena non-DoD civilian witnesses?

• A. Trial Counsel
• B. Summary Court-Martial Officer
• C. AFOSI
• D. Commanding Officer

Answer: (A)

Subpoena power in a General Court-Martial is tied to the party presenting the government’s case. The trial counsel, acting as the prosecutor, is responsible for gathering evidence and calling witnesses, including non-DoD civilians, to testify at trial. The military judge will issue subpoenas upon proper request, but the authority to initiate those subpoenas for non-DoD civilian witnesses rests with the trial counsel. The other roles do not carry this prosecutorial subpoena function: a Summary Court-Martial Officer handles a smaller forum with limited authority, AFOSI is an investigative agency and doesn’t independently subpoena in the court-martial, and the Commanding Officer as convening authority does not perform subpoenas in the trial itself.

Subpoena power in a General Court-Martial is tied to the party presenting the government’s case. The trial counsel, acting as the prosecutor, is responsible for gathering evidence and calling witnesses, including non-DoD civilians, to testify at trial. The military judge will issue subpoenas upon proper request, but the authority to initiate those subpoenas for non-DoD civilian witnesses rests with the trial counsel. The other roles do not carry this prosecutorial subpoena function: a Summary Court-Martial Officer handles a smaller forum with limited authority, AFOSI is an investigative agency and doesn’t independently subpoena in the court-martial, and the Commanding Officer as convening authority does not perform subpoenas in the trial itself.