13-4071. Subpoena; issuance; duty of clerk A. The process by which attendance of a witness before a court or magistrate is required is a subpoena. B. The subpoena may be signed and issued: 1. By a magistrate before whom a complaint is laid for witnesses, either on behalf of the state or the defendant. 2. […]
13-4072. Service of subpoena A. A subpoena may be served by any person. B. A subpoena may be served by any of the following methods: 1. Personal service. 2. Certified mail. 3. First class mail, if a certificate of service and return card is returned by the addressee. C. Personal service of a subpoena is […]
13-4073. Refusal to attend, be sworn or testify as contempt Failure to comply with a subpoena or refusal to be sworn or to testify as a witness may be punished by the court or magistrate as a contempt.
13-4074. Attendance of witness; liability for nonattendance; appearance bond forfeiture A. A witness who has been subpoenaed to appear in a criminal action shall appear as directed and at any additional times as the court directs without further subpoena, until finally discharged by the court. B. If the witness who is subpoenaed fails to attend […]
13-4075. Removal of prisoner to attend as witness; procedure; duty of sheriff A. When the testimony of a material witness for the state or for defendant is required in a criminal action before a court of record, and the witness is a prisoner in the state prison, or a jail, an order for his temporary […]
13-4077. Allowance of expenses of out of county or indigent witness A. When a witness has been subpoenaed to appear before a magistrate, grand jury or court, the witness may receive a reasonable amount for travel expenses if either: 1. The witness resides outside of the county in which the legal proceeding is held. 2. […]
