§ 46-12-7 — § 46-12-7. Subpoena of witnesses — Enforcement.

§ 46-12-7. Subpoena of witnesses — Enforcement.

(a) All subpoenas shall be served as subpoenas in civil cases in superior court, and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as are provided witnesses in civil cases in superior court. In cases of contumacy or refusal to obey the command of the subpoena so issued, the superior court shall have jurisdiction upon application of the director, with proof by affidavit of the fact, to issue a rule or order returnable in not less than two (2) nor more than five (5) days directing the person to show cause why he or she should not be adjudged in contempt.

(b) Upon return of the order, the justice before whom the matter is brought for hearing shall examine under oath the person, and the person shall be given an opportunity to be heard, and if the justice shall determine that the person has refused without reasonable cause or legal excuse to be examined or to answer a legal or pertinent question, the justice may impose a fine upon the offender or forthwith commit the offender to the adult correctional institutions, there to remain until the offender submits to do the act which the offender was so required to do, or is discharged according to law.

Legislative History

P.L. 1920, ch. 1914, § 4; G.L. 1923, ch. 125, § 4; G.L. 1938, ch. 634, § 4; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 46-12-6; P.L. 1966, ch. 261, § 7; P.L. 1983, ch. 149, § 1; P.L. 2007, ch. 340, § 41.