Factors for Witness Requests For Military Witnesses, the witness's CO makes a determination on availability using the following factors: 1)costs of producing the witness; 2)timing of the request; 3)recommendation of the PHO; 4)potential delay; and 5)likelihood of significant interference with operational deployment, mission accomplishment, or essential training Balancing test: The more important the testimony of the witness, the greater the difficulty, expense, delay, or effect on military operations must be to deny production.
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