The process for arrest on an indictment shall be a capias, which shall be issued immediately on the return of the indictment into court, and made returnable instanter, unless otherwise ordered by the court, and if the capias be not returned executed, the clerk shall issue an alias, returnable to the next term, without an […]
The first process, in all criminal causes, and in all courts, to compel the attendance of a witness, shall be a subpoena, directed to the sheriff or to some proper officer of the county where the witness may reside, stating the time and place for the appearance of the witness, the parties to the cause, […]
Any commissioner or other person appointed, or to whom a commission may be directed, by any court without the limits of this state, to take the deposition of any witness residing or being in this state, shall have power to issue subpoenas for the witness to be examined, returnable at such time and place as […]
If, during the session of any circuit court, there shall be wanted in any case or matter before the court, or before the grand jury, a witness who resides or may be found in any county within the state, and within one hundred (100) miles of the place where the court is being held, such […]
Subpoenas shall be served personally as a summons is required to be served, and the person so subpoenaed shall appear.
If any person subpoenaed as a witness shall fail to appear and attend as required, an attachment shall be issued by order of the court or other authority before which he was subpoenaed to appear, returnable at such time as the court or authority may appoint. The court or authority shall, on ordering the attachment, […]
Every witness subpoenaed in any criminal case, shall attend, from day to day, and from term to term without further notice, until discharged by the court or by the party at whose instance he was subpoenaed, and in default thereof he shall be fined by the court not more than five hundred dollars, and a […]
Any district attorney or conservator of the peace may apply to the clerk of the circuit court in vacation for writs of subpoena for any witness to attend before the grand jury. It shall be the duty of the clerk to issue all subpoenas thus applied for, and it shall be the duty of all […]
In all cases where process to bring witnesses before the grand jury shall be executed, and the witness shall fail to attend, the clerk shall, on the order of the judge or application of the district attorney or any member of the grand jury, issue an attachment for such witness, returnable immediately, or, if the […]
Sections 99-9-27 through 99-9-35 may be cited as “uniform law to secure the attendance of witnesses from without the state in criminal cases.”
“Witness” as used in Sections 99-9-27 through 99-9-35 shall include a person whose testimony is relevant and material and desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. “State” as used in Sections 99-9-27 through 99-9-35 shall include any territory of the United States and the […]
When an indictment shall be found against a corporation, a summons shall be issued against it, by its corporate name, to appear and answer the indictment, which summons may be executed as a summons against a corporation in a civil suit; and upon the summons being returned executed, the corporation shall be considered in court, […]
If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state, certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has […]
If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or […]
If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not, while in this state pursuant to such summons or order, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance […]
Sections 99-9-27 to 99-9-35 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of the states which enact them.
If the summons be returned not executed, and the officer shall make affidavit that he hath made diligent inquiry and cannot ascertain any place of business of the corporation in the county, or the name of any officer of the corporation, resident in the county in which such indictment shall have been found, upon whom […]
If it be made known to the court, by affidavit of any credible person, as required in suits in chancery against non-residents, that the defendant corporation is non-resident, or cannot be found in this state, it shall order said corporation to cause its appearance to be entered, and to plead to the indictment, on or […]
Process and proceedings like those described in Sections 99-9-3 through 99-9-7 may be had before justices of the peace in a prosecution or proceeding against a corporation for any offense cognizable before a justice of the peace. In case publication be necessary, the day of appearance may be fixed for such time as will allow […]
