Haw. Code R. § 7-5-2 - Convening authority's role in setting up the trial

(a) The convening authority shall provide suitable space for the conduct of the court-martial and provide such administrative support as may be required.

(b) The convening authority shall notify the accused and, if the accused is represented, the defense counsel of the time, date, and place of trial. The exhibit entitled "Annex 18" dated 1 November 1984, located at the end of this subtitle contains a sample "Notice of Trial Setting". The notice shall be delivered in person or by certified mail, return receipt requested delivered to addressee only. If mailed, the notice shall be sent in a postage and fees paid envelope and deposited in an office of the United States Postal Service. Delivery to the accused, mailed to the latest available address as shown on the records of the units, shall be presumed seven days following date of deposit.

(c) Not less than twenty calendar days (or such shorter time as the convening authority may establish) prior to the court-martial, the trial counsel and defense counsel shall provide the convening authority with a list of military and civilian personnel each desires to call as witnesses. The list shall include the name, home address and phone number, business address and phone number, and military unit (where applicable).

(d) The convening authority through trial counsel shall take the necessary action to attempt to insure that all military personnel are available to participate in the proceedings. The summary court officer or president of the court-martial may issue subpoenas and letters of explanation to secure the presence of persons not subject to military orders. Examples of subpoenas and letters are shown in the exhibits entitled "Annex 15", "Annex 16", and "Annex 17", all dated 1 November 1984, located at the end of this subtitle.

Notes

Haw. Code R. § 7-5-2

[Eff: FEB 11 1985] (Auth: HRS §§ 124A-61, 124A-171) (Imp: HRS § 124A-71, 124A-72)