[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR935.80]

[Page 230-231]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 935_WAKE ISLAND CODE--Table of Contents
 
                 Subpart I_Subpoenas, Wake Island Court
 
Sec. 935.80  Subpoenas.


    (a) A Judge or the Clerk of the Court shall issue subpoenas for the 
attendance of witnesses. The subpoena must include the name of the Court 
and the title, if any, of the proceeding; and shall command each person 
to whom it is directed to attend and give testimony at the time and 
place specified therein. The Clerk may issue a subpoena for a party 
requesting it, setting forth the name of the witness subpoenaed.
    (b) A Judge or the Clerk may also issue a subpoena commanding the 
person to whom it is directed to produce the books, papers, documents, 
or other objects designated therein. The Court may direct that books, 
papers, documents, or other objects designated in the subpoena be 
produced before the Court at a time before the trial or before the time 
when they are to be offered into evidence. It may, upon their 
production, allow the books, papers, documents, or objects or portions 
thereof to be inspected by the parties and their representatives.
    (c) Any peace officer or any other person who is not a party and who 
is at least 18 years of age may serve a subpoena. Service of a subpoena 
shall be made by delivering a copy thereof to the person named.
    (d) The Clerk of the Court shall assess and collect a witness fee of 
$40 for each subpoena requested by any party other than the United 
States, which shall be tendered to the witness as his witness fee 
together with service of the subpoena. Witnesses subpoenaed by the 
Island Attorney shall be entitled to a fee of $40 upon presentment of a 
proper claim therefor on the United States. No duly summoned witness may 
refuse, decline, or fail to appear or disobey a subpoena on the ground 
that the witness fee was not tendered or received.
    (e) Upon a showing that the evidence is necessary to meet the ends 
of justice and that the defendant is indigent, the Public Defender may 
request the Court to direct the Island Attorney to obtain the issuance 
of a subpoena on behalf of a defendant in a criminal case. Witnesses so 
called on behalf of the defendant shall be entitled to the same witness 
fees as witnesses requested by the Island Attorney.
    (f) Subpoenas may be credited only to persons or things on Wake 
Island.
    (g) No person who is being held on Wake Island because of 
immigration status shall be entitled to a witness

[[Page 231]]

fee, but shall nevertheless be subject to subpoena like any other 
person.