TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER II: DEPARTMENT OF MILITARY AFFAIRS
PART 400 ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
SECTION 400.850 REFUSAL TO APPEAR OR TESTIFY


 

Section 400.850  Refusal to Appear or Testify

 

a)         The military judge may issue such warrants or body attachments for the arrest of any person refusing to appear pursuant to Code Section 47, in addition to any other relief deemed just and appropriate under Illinois law.

 

b)         The military court may punish in the same manner as a criminal court of the State any person not subject to the Code who:

 

1)         has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before such a court;

 

2)         has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the State; and

 

3)         willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence that person may have been legally subpoenaed to produce.

 

c)         The fees and mileage of witnesses shall be advanced or paid by the State. (Code Section 47)