parte request.1005 Additionally, the MCA 2009 prescribes that the prosecution may request the issuance of a protective order to prevent the disclosure of any classified information that has been disclosed to or otherwise obtained by the accused or counsel.1006 397. With regards to the calling and examination of witnesses, the MCA 2009 specifies that both parties are entitled to the production of “any available witness” whose testimony is “relevant and necessary”.1007 The military judge discretionarily assesses whether a witness is “available”.1008 If the testimony of an unavailable witness is central to the resolution of an issue at the core of a fair trial, and if no adequate substitute to his or her testimony is found, the military judge is to grant continuance or other relief to attempt to secure the witness’ presence, or to abate the proceedings if he or she finds that the “reason for the witness’ unavailability is within the control of the United States”.1009 Additionally, should the defence wish to produce witnesses, it is required to submit a list of witnesses to the prosecution. In turn, the prosecution will arrange for their presence unless it considers that their production is not required, is protected by classification rules or involves the production of privileged government information.1010 This list of witnesses should not only include the contact details of a witness but also “a synopsis of [his or her] expected testimony”.1011 If the prosecution refuses to produce the witness, a request may be submitted to the military judge.1012 The process to compel witnesses to testify is by subpoena. The RMC state that “a subpoena may be issued by the military judge [or] the Chief Prosecutor or his designee”, inter alia, but does not mention the defence.1013 However, the 2011 Regulation for Trial by Military Commission specifies that “[a] civilian may not be compelled by subpoena to leave the United States and travel to a foreign country; therefore, a subpoena issued to a civilian to testify at Guantanamo Bay may not be enforced in the United States”.1014 Moreover, the RMC prescribe that requests for government funding of expert witnesses are to be submitted to the Convening Authority and include a “complete statement of reasons why the employment of the expert is necessary”.1015 In cases where the Convening Authority denies the request, it can be renewed before the military judge.1016 398. The MCA 2009 allows for the admissibility of hearsay evidence, including in certain circumstances where courts-martial rules forbid its admissibility.1017 Hearsay evidence may be admitted in a military commission trial when: the adverse party is notified sufficiently in advance; the adverse party receives information on the “particulars of the evidence”, including the circumstances under which it was obtained; and the military judge, after 1005 MCA 2009, § 949p-4(c); MCRE, Rule 505(f)(3); Elsea, “The Military Commissions Act of 2009”, op. cit., note 621, pp. 26, 31. 1006 MCA 2009, § 949p-3; MCRE, Rule 505(e). RMC, Rule 703(b)(1). 1008 RMC, Rule 703(b)(3)(A). 1009 RMC, Rule 703(b)(3)(B). 1010 RMC, Rule 703(c). 1011 RMC, Rule 703(c)(2)(B). 1012 Ibid. 1013 RMC, Rule 703(e). 1014 RTMC 2011, Regulation 13-5(b). 1015 RMC, Rule 703(d). 1016 Ibid. 1017 MCA 2009, § 949a(b)(3)(D); MCRE, Rule 803(b). 1007 174