Kentucky Statutes 35.235 – Refusal to appear or testify
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(1) Any person not subject to this code, who:
(a) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before such a court;
(b) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the state; and
(c) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce;
may be punished by the military court in the same manner as a criminal court of the state.
(2) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 48, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 33. — Created 1954 Ky. Acts ch. 99, sec. 46, effective July
1, 1954.
(a) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before such a court;
Terms Used In Kentucky Statutes 35.235
- Code: means this chapter. See Kentucky Statutes 35.010
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Military: refers to any or all of the Armed Forces. See Kentucky Statutes 35.010
- Military court: means a court-martial or a court of inquiry. See Kentucky Statutes 35.010
- Officer: means a commissioned or warrant officer. See Kentucky Statutes 35.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Testify: Answer questions in court.
(b) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the state; and
(c) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce;
may be punished by the military court in the same manner as a criminal court of the state.
(2) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 48, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 33. — Created 1954 Ky. Acts ch. 99, sec. 46, effective July
1, 1954.