Subchapter VII · Trial Procedure
Article 47. Refusal of person not subject to chapter to appear, testify, or produce evidence
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (3)(a) IN GENERAL.—
(1) Any person described in paragraph (2) who—
(A) willfully neglects or refuses to appear; or
(B) willfully refuses to qualify as a witness or to testify or to produce any evidence which that person is required to produce; is guilty of an offense against the United States.
(2) The persons referred to in paragraph (1) are the following:
(A) Any person not subject to this chapter who—
(i) is issued a subpoena or other process described in subsection (c) of section 846 of this title (article 46); and
(ii) is provided a means for reimbursement from the Government for fees and mileage at the rates allowed to witnesses attending the courts of the United States or, in the case of extraordinary hardship, is advanced such fees and mileage.
(B) Any person not subject to this chapter who is issued a subpoena or other process described in subsection (d) of section 846 of this title (article 46).
(b) Any person who commits an offense named in subsection (a) shall be tried on indictment or information in a United States district court or in a court of original criminal jurisdiction in any of the Commonwealths or possessions of the United States, and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be fined or imprisoned, or both, at the court’s discretion.
(c) The United States attorney or the officer prosecuting for the United States in any such court of original criminal jurisdiction shall, upon the certification of the facts to him by the military court, commission, court of inquiry, board, or convening authority, file an information against and prosecute any person violating this article.
(d) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.
Cross-referencesCited by 3Cites 1
Cited by
Provisions elsewhere in the Manual whose text cites Article 47. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 703(g)(3)(E)(vi) — Production of witnesses and evidence
…will not comply voluntarily with the subpoena. Appropriate fees and mileage must be paid or tendered. See Article 47. If formal service is advisable, the person who issued the subpoena must assure timely and economical…
Discussion under R.C.M. 703(g)(3)(H)(i) — Production of witnesses and evidence
…are federal process and a person not subject to the UCMJ may be prosecuted in a federal civilian court under Article 47 for failure to comply with a subpoena issued in compliance with this rule and formally served. Failing to…
Discussion under R.C.M. 809(a) — Contempt proceedings
…jurisdiction under Article 2, having been duly subpoenaed, may be prosecuted in federal civilian court under Article 47 for neglect or refusal to appear or refusal to qualify as a witness or to testify or to produce evidence.
Article 47 cites
Provisions named in the text of Article 47. Where the cited provision is on this site, the link opens it.