Page:Revised Codes of the State of North Dakota 1895.pdf/1489

Witnesses and Evidence. § 8363. Form of subpoena. A subpæna, authorized by the last four sections, must be substantially in the following form:

In the name of the state of North Dakota,

To A. B:

You are commanded to appear before C. D., a justice of the peace at the town of ... (or “ the grand jury of the county of ...." or "the district court....." or as the case may be.) on (stating the day and hour), as a witness in a criminal action prosecuted by the state of North Dakota against E. F.

Dated at the town of ....... (as the case may be), the...... day of........ 18......

"G. H., justice the peace," or " I. K., state's attorney," or "by order of the court, L.M., clerk," (as the case may be).

§ 8364. Subpoena duces tecum. If any books, papers or documents are required, a direction to the following effect must be contained in the subpoena:

And you are required also to bring with you the following: (describe intelligibly the books, papers or documents required.)

§ 8365. Subpoena, by whom served. Peace officer. A subpoena may be served by any person, but a peace officer must serve in his county any subpæna delivered to him for service, either on the part of the state or of the defendant, and must without delay, make a written return of the service, subscribed by him, with the title of his office, stating the time, place and manner of service.

§ 8366. How served. A subpæna is served by showing the original to the witness personally and informing him of its contents.

§ 8367. Indigent witness. Expenses. When a person attends before a magistrate, grand jury or court, as a witness in a criminal action, upon a subpæna or in pursuance of an undertaking, and it appears that he has come from a place outside of the county, or that he is poor and unable to pay the expenses of such attendance, the court at its discretion, if the attendance of the witness is upon a trial, by order upon its minutes, or in any other case, the judge, at his discretion, by a written order, may direct the county treasurer to pay the witness a reasonable sum to be specified in the order for the necessary expenses of his attendance.

§ 8368. Duty of county treasurer. Payment. Upon the production of the order or a certified copy thereof, the county treasurer must pay the witness the sum specified therein, out of the county treasury.

§ 8369. When witness must attend out of his county. No person is obliged to attend as a witness before a court or magistrate out of the county where the witness resides or is served with the subpæna, unless the judge of the court in which the offense is triable, or a judge of the district court or a judge of the supreme court upon an affidavit of the state's attorney, or prosecutor or of the defendant, or his counsel, stating that he believes the evidence of the witness is material, and his attendance at the examination or trial necessary, shall indorse upon the subpæna an order for the attendance of the witness.

§ 8370. Disobedience. Contempt. Punishment. Disobedience to a subpæna, or a refusal to be sworn or to testify, may be punished by the court or magistrate as a contempt, in the manner provided in the code of civil procedure.

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