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77-22a-3. Compliance with administrative subpoena.

  • (1) In the case of contumacy by or refusal to obey a subpoena issued to any person, the attorney general or a deputy or assistant attorney general or the county attorney or district attorney or his deputy may compel compliance with the subpoena through the district court:
    • (a) in the jurisdiction where the investigation is carried on;
    • (b) where the subpoenaed person is an inhabitant;
    • (c) where he carries on business; or
    • (d) where he may be found.
  • (2) The court may issue an order requiring the person subpoenaed to produce records or to appear before the attorney general or deputy or assistant attorney general, or the county attorney or district attorney or his deputy who issued the subpoena testimony touching the matter under investigation.
  • (3) Any failure to obey the court order may be punished by the court as contempt. All process in the case may be served in any judicial district in which the person may be found within the state.
  • (4) A witness may not be held liable in any civil or criminal proceeding for producing records or disclosing information to the person issuing the administrative subpoena as commanded by the subpoena.

Amended by Chapter 38, 1993 General Session