§571-8.5  Powers.  (a)  The district
family judges may:



(1)  Administer oaths;



(2)  Subpoena, summon, and compel the attendance of
parties and witnesses from any part of the State, and compel the production of
books, papers, documents including school, medical, and financial records, or
tangible things;



(3)  Make and issue all orders and writs necessary or
appropriate in aid of their original jurisdiction;



(4)  Perpetuate testimony under the rules and orders
of the family court, and issue commissions for the perpetuation of testimony to
be used on controversies pending before them;



(5)  Grant continuances in proceedings before them;



(6)  Enforce decrees and judgments and punish
contempts according to law;



(7)  In a criminal case, alter, set aside, or suspend
a sentence by way of mitigation or otherwise upon motion or plea of a defendant
made within thirty days after imposition of a sentence;



(8)  Appoint guardians ad litem for minors or persons
who are incompetent or attorneys to represent parties in accordance with law;



(9)  Admit to bail persons rightfully confined in all
bailable cases, or dispense with bail as provided by the State Constitution;



(10)  Make and award judgments, decrees, orders, and
mandates, issue executions and other processes, and do other acts and take
other steps as may be necessary to carry into full effect the powers that are
or shall be given to them by law or for the promotion of justice in matters
pending before them; and



(11)  Make and issue orders for pre-trial detention of
persons aged eighteen years or older to an adult correctional facility, when
the person is alleged to have committed an act or acts during the person's
minority that would constitute a violation of section 571-11(1).



(b)  Every witness duly subpoenaed as provided
in this section shall be allowed the same attendance and mileage fees allowed
witnesses subpoenaed before the circuit courts. [L 1973, c 219, pt of §1; am L
1980, c 115, §1; am L 1998, c 190, §2]



 



Case Notes



 



  Family court had subject matter jurisdiction to issue
temporary restraining order under §§560:1-302(b), 560:5-106(2) and (3), and
this section, where resolution of ward's capacity was required to be resolved,
and an apparent threat of ward's removal from the court's jurisdiction was
alleged.  113 H. 211, 151 P.3d 692.