The government bears primary responsibility for notifying prosecution witnesses of Article 32 hearing dates, including coordinating military witness attendance and facilitating civilian witness appearances. Trial counsel must timely serve subpoenas or coordinate military orders ensuring witness availability. This includes victims, investigators, experts, and essential fact witnesses establishing probable cause.
Defense responsibility extends only to defense-requested witnesses, with government assistance required for military witness production. The convening authority or designated representative issues orders compelling military witness attendance upon defense request showing relevance and necessity. Civilian defense witnesses remain defense responsibility to contact and encourage attendance.
Notification timing must provide reasonable advance notice considering witness schedules and travel requirements. Military witnesses on leave or temporary duty require additional coordination. Deployed witnesses may necessitate video testimony arrangements. Short notice risks continuance requests if witnesses cannot reasonably appear.
Practical coordination involves trial counsel working with staff judge advocates, commanders, and witness units ensuring proper notification and travel arrangements. Documentation of notification efforts proves important when witnesses fail to appear. Victim witness liaisons assist with victim notifications and support. Failed notifications resulting in witness unavailability may undermine government’s case or justify postponement. The process requires systematic tracking ensuring all necessary witnesses receive timely notice enabling meaningful preliminary hearing testimony.