Appendix 14.
Subpoena for Civilian Witness

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		SUBPOENA FOR CIVILIAN WITNESS
		The President of the United States to Claude M. Rickaby     GREETING:
1. Line out when inappropriate "before           , a           , designated to take your deposition to be read in evidence."     2. When used, enter name, grade, and organization, if any.     3. When used, enter official character, if any, such as trial judge advocate, summary court, notary public, etc.     4. General (or special or summary) court-martial, etc.     5. Enter name, etc., of accused or other subject of investigation.     6. Line out when inappropriate "and you are hereby required to bring with you to be used in evidence in said case the following-described documents, to wit."		You are herby summoned and required to be and appear in person on the 15th day of December, 1943, at 7:30 o'clock p.m., 1before                    2, a                    3, designated to take your deposition to be read in evidence before a 4 general court-martial of the United States, at Fort Wilson, Columbus, Ohio, appointed to meet by paragraph 17 Special Orders, No. 282, Headquarters 50th Infantry Division dated 9 October, 1943, then and there to testify and give evidence as a witness for the defense in the case of5 Private John T. Derrick, 335406324, Company A, 113th Infantry, Fort Wilson, Ohio 6and you are hereby required to bring with you to be used in evidence in said case the following-described documents, to wit                     And have you then and there this precept. Date at Fort Wilson,Ohio this 11th day of December, 1943. /s/ Daniel C. O'Brien Daniel C. O'Brien, Capt. FA, (To be subscribed by trial judge advocate, recorder, etc.) Trial Judge Advocate The witness is requested to subscribe on one copy of the subpoena the following and return to the person serving the subpoena the copy thereof so subscribed.
7. When service is by mail the witness will be requested to subscribe this acknowledgment of acceptance on one copy and to return same to the officer who issued this subpoena.     8. This proof of service will be filled out, when service is personal, and the copy thus completed be returned to the officer issuing the subpoena.		, 19    7I hereby accept service of the above subpoena.                                         (Signature of Witness)         8Personally appeared before me the undersigned authority, 2d Lt Osmer P. Fox who, being first duly sworn according to law, deposes and says that at Marysville, Ohio on 13 December, 1943, he personally delivered to Claude M. Rickaby in person a duplicate of the within subpoena. /s/ Osmer P. Fox (Signature)   SUBSCRIBED AND SWORN to before me at Fort Wilson, Ohio thi 13th day of December, 1943 /s/         Valentine Quade                     (Signature)                 VALENTINE QUADE                       Lt Col, JAGD                         (Grade, organization, and official character)
		W.D., A.G.O. Form No. 117 Mar. 10, 1928   16-80144-2

 

INSTRUCTIONS

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1. Articles of War.

   1. Process to obtain witness.--Every trial judge advocate of a general or special court-martial and every summary court-martial shall have power to issue the like process to compel witnesses to appear and testify which courts of the United States, having criminal jurisdiction, may lawfully issue; but such process shall run to any part of the United States, its Territories, and possessions. (A.W. 22.)

   2. Refusal to appear or testify.--Every person not subject to military law who, being duly subpoenaed to appear as a witness before any military court, commission, court of inquiry, or board, or before any officer, military or civil, designated to take a deposition to be read in evidence before such court, commission, court of inquiry, or board, willfully neglects or refuses to appear, or refuses to qualify as a witness, or to testify, or produce documentary evidence which such person may have been legally subpoenaed to produce, shall be deemed guilty of a misdemeanor, for which such person shall be punished on information in the district court of the United States or in a court of original criminal jurisdiction in any of the territorial possessions of the United States, jurisdiction being hereby conferred upon such courts for such purpose; and it shall be the duty of the United States district attorney or the officer prosecuting for the Government in any such court of original criminal jurisdiction, on the certification of the facts to him by the military court, commission, court of inquiry, or board, to file an information against and prosecute the person so offending, and the punishment of such person, on conviction,shall be a fine of not more than $500 or imprisonment not to exceed six months, or both, at the discretion of the court: Provided, That the fees of such witness and his mileage, at the rates allowed to witnesses attending the courts of the United States, shall be duly paid or tendered said witness, such amounts to be paid out of the appropriation for the compensation of witnesses: Provided further, That every person not subject to military law, who before any court-martial, military tribunal, or military board or in connection with, or in relation to any proceedings or investigation before it or had under any of the provisions of this act,is guilty of any of the acts made punishable as offenses against public justice by any provisions of chapter 6 of the act of March 4, 1909, entitled "an act to codify, revise, and amend the penal laws of the United States" (volume 35, United States Statutes at Large, page 1088), or any amendment thereof, shall be punished as therein provided. (A.W. 23.)

2. Fees and allowances for witnesses.--WItnesses, other than persons subject to military law, who are required to appear before a court-martial, court of inquiry, military commission, or retiring board, or before an officer (civil or military) empowered to take depositions, and there to give testimony under oath to be used before a court, are entitled to receive fees and allowances as fixed by law. (See AR 35-4120.)

3. Tender of fees.--When ordered by proper authority the fees of the witness and his mileage at the rates allowed, including fees for one day's actual attendance and mileage for the journey to and from the place where the witness is to appear under the subpoena, will be tendered or paid in advance by the proper finance officer. In order to maintain a prosecution under the 23d Article of War for neglect or refusal to appear, a person must not only be duly subpoenaed but be paid or tendered fees as indicated. (See par. 97, M.C.M., 1928.)10:51 AM

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