Court Martial Act 2007

Jurisdiction, procedures, and powers - Procedures

45: Power to summon witnesses

You could also call this:

"Being called to court as a witness"

Illustration for Court Martial Act 2007

You can be asked to go to a court martial as a witness. The Judge or Registrar can send you a summons to attend. You might need to give evidence or bring papers and documents that are relevant to the case. The summons must be in a special form and can be sent by the Judge, Registrar, or someone involved in the case. You might get a summons if the Judge or Registrar wants you to come to court. The Director of Military Prosecutions or the accused person can also ask for you to be summoned. The summons will tell you when and where to go to court. The Judge or Registrar can ask you to bring things that are relevant to the case. This can include papers, documents, or other things that you have or control. You will need to follow the instructions in the summons.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001988.

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46: Service of summons, or

"How to give a witness a summons to attend court"

Part 2Jurisdiction, procedures, and powers
Procedures

45Power to summon witnesses

  1. The Judge for the proceedings or the Registrar may issue a summons requiring any person to—

  2. attend at the time and place specified in the summons; and
    1. give evidence; and
      1. produce any papers, documents, records, or things in that person's possession or under that person's control that are relevant to the subject of the relevant proceedings.
        1. A summons—

        2. must be in the prescribed form; and
          1. may be issued—
            1. on the initiative of the Judge or Registrar; or
              1. on the application of the Director of Military Prosecutions or the accused.