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16. General
principles of military court
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Article 103-Summons
and Subpoenas
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| 103.1 |
Summons and Subpoenas |
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A summons is a legal document issued by a court addressed to a defendant in a legal proceeding. |
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Typically, a summons will announce to the person to whom it is directed that a legal proceeding has been started against them, a file has been started in the court records and it announces a date by which the defendant(s) must either appear in court, or respond in writing to the court or the opposing party or parties. |
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| 103.2 |
Subpoena |
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A subpoena is a writ commanding a person to appear under penalty. It is used to compel the testimony of witnesses in a trial or other adversarial proceeding.
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Subpoenas are issued by the clerk of the court in the name of the judge presiding over the case in which the witness is to testify. (Additionally, court rules often permit lawyers to issue subpoenas themselves in their capacity as officers of the court.) Typically subpoenas are issued "in blank" and it is the responsibility of the lawyer representing the plaintiff or defendant on whose behalf the testimony is to be given to serve the subpoena on the witness. |
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