Subpoenas, Orders, and Warrants and the Uniform Code of Military Justice

As of 1 January 2019, military courts-martial and judicial proceedings with a military judge are courts of competent jurisdiction for the purposes of the Stored Communication Act (SCA, 18 U.S.C. §§ 2701-2712).

The National Defense Authorization Act for Fiscal Year 2017 included the Military Justice Act of 2016 (MJA16). MJA16 includes conforming amendments to the SCA.

One of these amendments added courts-martial or other Uniform of Code of Military Justice (UCMJ) proceedings to which a military judge is detailed to the definition of “court of competent jurisdiction.”

These amendments to the SCA and the UCMJ (10 U.S.C. § 846, or UCMJ Article 46) empower military judges to issue warrants or court orders under the SCA in the same manner as such warrants and orders may be issued by a district court of the United States.  The President implemented these changes in Rule for Courts-Martial 703A. 

MJA16 also grants military judges the authority under UCMJ Article 46 to issue investigative subpoenas.  Before the passage of MJA16, military judges were not involved in the court-martial process before trial.  Now they may issue investigative subpoenas, as well as warrants and orders under the SCA.   

With the assistance of the Department of Justice’s Computer Crime and Intellectual Property Section (CCIPS), and based on forms and other products already in use by federal practitioners, the military services created their own warrant and court order templates.  The military services will continue to work closely with CCIPS and Assistant United States Attorney offices to keep all military processes and procedures as consistent as possible with those of the district courts.

Requests for Relief from Compulsory Process

Congress has mandated in 10 U.S.C. § 846(e), that a military judge shall review requests for relief or other process on grounds that compliance is unreasonable or oppressive or is prohibited by law.  Based on the exhaustion of remedies doctrine, one who seeks relief from compulsory process issued by a military court must first seek relief from the military authority that issued the compulsory process.  

Compulsory process issued by Army judges will have contact information listed on the form or document.  The point of contact listed on the compulsory process form will assist you with the procedural aspects of any request for relief from compulsory process.