§ 1601 — Subpoenas and witness fees

Pennsylvania § 1601

• Jurisdiction: Pennsylvania
• Title 25: ELECTIONS
• Part: PART IV
• Ch. 16: COMMISSION PROCEEDINGS AND JUDICIAL REVIEW

Text

(a) Authorization.--A commission may issue a subpoena.

(b) Form and effect.--A subpoena under subsection (a) shall be in substantially the same form and have the same force and effect as a subpoena issued by a court of common pleas. The commission shall have the benefit of the process of the appropriate court of common pleas if necessary to enforce a subpoena.

(c) Benefit.--A subpoena may be issued as follows:

(1) Upon the motion of a commission.

(2) Upon motion of a party before a commission. A subpoena under this paragraph is only valid for one day. It must be renewed by 4 p.m. for the next day.

(d) Fees.--

(1) Witnesses subpoenaed under this section shall be compensated under 42 Pa.C.S. § 5903 (relating to compensation and expenses of witnesses).

(2) Witnesses subpoenaed under subsection (c)(1) shall be paid by commission funds.

(3) Witnesses subpoenaed under subsection (c)(2) shall be paid by the party. No subpoena shall be issued under subsection (c)(2) until the party pays the commission a fee of $10 for issuing the same and deposits with the commission one day's witness fees for each witness to be summoned.

(4) As soon as convenient after a hearing is concluded or continued, the commission shall pay witnesses under paragraphs (2) and (3). Unearned fees deposited under paragraph (3) shall be refunded to the depositing party.

(5) If the petition of the elector is sustained, the commission shall pay to the elector all costs paid on the elector's behalf.

(e) Commission funds.--A commission shall pay over to the county treasurer fees received under subsection (d)(3). The accounts of the commission respecting payments under subsection (d)(2) shall be subject to audit by the county controller.

Legislative History

Cross References.Section 1601 is referred to in section 1203 of this title.