How may the military court call a witness to a hearing, and must it send a summons to a witness already inside the court compound?
General information · Not legal advice
Material to check
In practice material of this kind, we read the witness list filed by a party, the summons and proof of its service, or any record of a call, e-mail or other notice, and the attendance record showing whether the witness was already on the premises when questioned.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the methods as alternatives the military court may choose from: it summons a witness by service of a summons, by telephone, by electronic mail, or by another suitable method, and where the witness is already on the premises of the military court it may question that person without summoning.
Another reading stresses the proviso's condition, that the witness is within the court compound at the time, so a witness merely nearby or expected later is not covered and the court must still summon by one of the stated methods, while the provision leaves it open what counts as a suitable other method.
Your judgment
If a witness questioned at the hearing was on the premises, how would the record show whether that person was already there when the questioning began?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add or remove summoning methods, or if a court decision explains what counts as a witness being on the court premises.