§ 16-85-504 — Witnesses - Subpoena

(a) The clerk, on the request of the foreman of the grand jury or of the prosecuting attorney, shall issue subpoenas for witnesses to appear before the grand jury. Upon the witnesses failing to attend in obedience thereto, the court shall proceed to coerce their attendance and may punish their disobedience by fine and imprisonment, as in the case of witnesses failing to attend on the trial. (b) The clerk of the circuit court of every county in this state shall, on the request of the prosecuting attorney of the district in which the county is situated, issue, in vacation of the circuit court of the county, subpoenas for any witness to appear before the grand jury of the county to be impaneled at the next term of the circuit court in the county. The clerk shall deliver the subpoenas to the sheriff of the county, who shall serve them before the convening of the court. Any witness refusing to obey any subpoena so issued and served upon him or her shall be guilty of contempt of court.

Legislative History

Crim. Code, § 112; Acts 1883, No. 49, § 1, p. 72; C. & M. Dig., §§ 2990, 3116, 8319; Pope's Dig., §§ 3812, 3950, 10896; A.S.A. 1947, §§ 43-912, 43-913.