§ 16-9-101 — Right to compel attendance of witnesses

Colorado § 16-9-101

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Preparation for Trial

Text

(1) In every criminal
case, the prosecuting attorney and the defendant have the right to compel the
attendance of witnesses and the production of tangible evidence by service upon
them of a subpoena to appear for examination as a witness at any proceeding
before the court. Service of a subpoena upon a parent or legal guardian who has
physical care of an unemancipated minor that contains wording commanding said
parent or legal guardian to produce the unemancipated minor for the purpose of
testifying before the court shall be valid service compelling the attendance of both
said parent or legal guardian and the unemancipated minor for examination as
witnesses. In addition, service of a subpoena as described in this subsection (1) shall
compel said parent or legal guardian either to make all necessary arrangements to
ensure that the unemancipated minor is available before the court to testify or to
appear in court and show good cause for the unemancipated minor's failure to
appear.

(2) The issuance and service of subpoenas and all procedures related
thereto shall be in conformity with and as required by applicable rule of criminal
procedure adopted by the Colorado supreme court.

Legislative History

Source: L. 72: R&RE, p. 233, � 1. C.R.S. 1963: � 39-9-101. L. 98: (1) amended, p. 946, � 1, effective May 27.