§621C-2 - Procedures.
§621C-2 Procedures. If a person has
been or may be subpoenaed to testify or to produce a record, document, or other
object in an official proceeding as described in section 621C-1, a judge of a
circuit court may, upon application by the attorney general or county
prosecutor, issue an order requiring the person to testify or to produce a
record, document, or other object, notwithstanding the person's refusal to do
so on the basis of the person's privilege against self-incrimination. The
order may be issued prior to the assertion of the privilege against self-
incrimination but shall not be effective until the witness asserts the witness'
privilege against self-incrimination and the presiding officer communicates the
order to the witness. The application and order shall specify whether the
immunity granted under this chapter is use immunity as set forth in section
621C-3 or transactional immunity as set forth in section 621C-4. [L 1978, c
212, pt of §2; gen ch 1985]
Cross References
Antitrust proceedings, see §480-23.1.
Case Notes
Under prior law, order was properly granted where person was
likely to assert privilege and person's testimony was necessary to the public
interest. 62 H. 259, 614 P.2d 386.