12-21-182
Section 12-21-182 Proceedings upon failure of subpoenaed witness to attend and remain. (a)
Any witness who, after being subpoenaed, fails to attend pursuant to the mandate of the subpoena
and remain until his testimony is given or he is discharged forfeits $100.00 to the use of
the party summoning him, and the attendance of such witness may be compelled by attachment.
(b) A conditional judgment must, on motion of such party, be entered against such witness
and a notice issued to him that such judgment will be made absolute unless he appears within
30 days from the date of the service of such notice and renders a good excuse for his default;
and, if he fails to appear and render a satisfactory excuse for his default, such judgment
may be made absolute or reduced, as the court may direct. (c) Witnesses failing to attend
court may make their excuse by affidavit, or viva voce, in open court, which the court must
hear at any time, unless engaged in the trial of a case, and, if the excuse is...
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6-6-9
Section 6-6-9 Subpoena of witnesses - Liability on default. Any witness duly summoned who fails
to attend without sufficient excuse may be fined $10 for the use of the county, for the collection
of which the arbitrators must issue execution; and such defaulting witness is also liable
to the party summoning him for any injury sustained by the loss of his testimony, to be recovered
before any court having jurisdiction. (Code 1852, §2720; Code 1867, §3159; Code 1876, §3546;
Code 1886, §3231; Code 1896, §518; Code 1907, §2918; Code 1923, §6166; Code 1940, T. 7,
§839.)...
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6-6-334
Section 6-6-334 Failure of witnesses to attend or refusal to testify. (a) Any witness, duly
subpoenaed and failing to attend or refusing to testify may be fined by the district court
judge not exceeding $100, for the use of the county, for which he may issue execution directed
to the constable. (b) The judgment specified in subsection (a) of this section must not be
made absolute until 10 days after service of a written notice on such witness, informing him
of the entry of such judgment. (Code 1852, §§2869, 2870; Code 1867, §§3318, 3319; Code
1876, §§3715, 3716; Code 1886, §§3394, 3395; Code 1896, §§2141, 2142; Code 1907, §§4277,
4278; Code 1923, §§8018, 8019; Code 1940, T. 7, §§981, 982.)...
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12-17-185
Section 12-17-185 Duty to attend court. (a) It is the duty of every district attorney to attend
each session of the court for which he is district attorney and to remain in the discharge
of his duties until the business of the state is disposed of. Any district attorney, other
than those mentioned in subsection (b) of this section, failing to so attend or absenting
himself before the business of the state is disposed of, forfeits to the state the sum of
$100.00, for which a conditional judgment must be entered, to be made absolute on notice to
such district attorney unless a good excuse is rendered. (b) If any district attorney who
is paid a salary by the state fails or neglects to attend any session of the court for which
he is district attorney or, after attending, absents himself before the business of the state
is disposed of, he forfeits to the state the sum of $25.00 for every day he is thus absent
or fails to attend, to be deducted by the Comptroller from his salary. The absence...
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12-21-248
Section 12-21-248 Conditional judgment against defaulting witnesses - Notice; when made absolute.
Where a conditional judgment has been entered against a defaulting witness in a criminal case,
if he does not appear before the docket then in process of being heard is completed and show
a sufficient cause for his default, a notice must be issued by the clerk of the court within
30 days notifying him of the entry of such conditional judgment and that the same will be
made absolute at the expiration of 30 days from the date of service of said notice unless
he appears and shows sufficient excuse for his default, which notice must be served by the
sheriff and return thereof made to the clerk. If he fails to appear as required or fails to
show sufficient excuse for his default, to be determined by the court, the judgment must be
made absolute against him. (Code 1852, §673; Code 1867, §4225; Code 1876, §4930; Code 1886,
§4471; Code 1896, §5295; Code 1907, §7892; Code 1923, §5630; Code...
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31-2-100
Section 31-2-100 Courts-martial for members of National Guard - Subpoena of witnesses. A court-martial
may subpoena any witness residing within 100 miles of the place where the court is sitting
to appear and testify before it, and the sheriff, on receiving any subpoena issued by direction
of the court-martial and signed by the judge advocate thereof, or by the officer holding a
summary court, shall make service and return of service as provided by law in criminal cases.
Any person failing to appear at any court-martial in this state to testify in accordance with
the subpoena issued by such court-martial, without lawful excuse, is guilty of a misdemeanor
and shall, upon conviction, be fined not more than $100 or imprisoned for not more than 60
days in the county jail, either or both. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940,
T. 35, §136; Acts 1973, No. 1038, p. 1572, §101.)...
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12-21-184
Section 12-21-184 Securing attendance of witnesses until case disposed of. In all civil cases
where the case is not decided at the first session, witnesses who have been served with subpoenas
must not again be summoned by the clerk for further attendance, unless otherwise directed
by the party originally summoning them, but such witnesses are bound to attend from session
to session until the case is disposed of. If a judgment is entered in the case which is reversed
on appeal, new subpoenas must be issued when the case is reset for trial; provided, however,
that in the circuit court of counties having a population of 400,000 or more, according to
the last or any subsequent federal census, the clerk of the said court must subpoena witnesses
to attend court at each regular setting of a case after said witnesses have once been ordered
summoned by the party, unless otherwise directed by said party originally summoning them.
(Code 1852, §2306; Code 1867, §2708; Code 1876, §3063; Code...
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6-6-722
Section 6-6-722 Judgment against county treasurer, etc., failing to pay allowed claim. If any
county treasurer or other custodian of county funds fails, on demand and without good excuse,
to pay an allowed claim against the county when there are funds in the treasury to pay the
same, judgment may be obtained against him and his sureties, or any or either of them, on
five days' notice, on motion in the circuit court of the county, in the name of the party
to whom the claim is payable, his legal representatives or assigns for the amount of the claim,
with interest from the time of the demand and 10 percent damages and costs. (Code 1852, §795;
Code 1867, §930; Code 1876, §3395; Code 1886, §3134; Code 1896, §3802; Code 1907, §5938;
Code 1923, §10265; Code 1940, T. 7, §620.)...
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12-21-2
Section 12-21-2 Production of books, etc., generally - By resident nonparties; failure to comply.
(a) When any deed, writing or other document which it may be necessary to use as testimony
in any case may be in the possession of any person resident in this state who is not a party
to the case, the clerk of the court in which the case is pending shall, upon application of
the party or his attorney desirous of using such testimony, issue a subpoena duces tecum directed
to the person having such book or other document in his possession, requiring him to appear
and bring with him into court the paper desired to be used as testimony. Service shall be
by a sheriff, constable or some private person, and the official return of the sheriff or
constable or the affidavit of such private person shall be sufficient evidence that the same
was duly served; but, in all cases, the judge may require the summary production of any book
or document by subpoena duces tecum where the witness is able to...
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34-1-14
Section 34-1-14 Hearings; judicial review. (a) Commencement of proceeding. The board may initiate
proceedings under this chapter either on its own motion or on the complaint of any person.
(b) Notice; service and contents. A written notice stating the nature of the charge or charges
against the accused and the time and place of the hearing before the board on such charges
shall be served on the accused not less than 30 days prior to the date of said hearing either
personally or by mailing a copy thereof by registered or certified mail to the address of
the accused last known to the board. (c) Failure to appear. If, after having been served with
the notice of hearing as provided for herein, the accused fails to appear at said hearing
and defend, the board may proceed to hear evidence against him or her and may enter such order
as shall be justified by the evidence, which order shall be final unless he or she petitions
for a review thereof as provided herein; provided, that within 30...
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