State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-12 > 46-12-7

SECTION 46-12-7

   § 46-12-7  Subpoena of witnesses –Enforcement. – (a) All subpoenas shall be served as subpoenas in civil cases in superiorcourt, and witnesses so subpoenaed shall be entitled to the same fees forattendance and travel as are provided witnesses in civil cases in superiorcourt. In cases of contumacy or refusal to obey the command of the subpoena soissued, the superior court shall have jurisdiction upon application of thedirector, with proof by affidavit of the fact, to issue a rule or orderreturnable in not less than two (2) nor more than five (5) days directing theperson to show cause why he or she should not be adjudged in contempt.

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

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-12 > 46-12-7

SECTION 46-12-7

   § 46-12-7  Subpoena of witnesses –Enforcement. – (a) All subpoenas shall be served as subpoenas in civil cases in superiorcourt, and witnesses so subpoenaed shall be entitled to the same fees forattendance and travel as are provided witnesses in civil cases in superiorcourt. In cases of contumacy or refusal to obey the command of the subpoena soissued, the superior court shall have jurisdiction upon application of thedirector, with proof by affidavit of the fact, to issue a rule or orderreturnable in not less than two (2) nor more than five (5) days directing theperson to show cause why he or she should not be adjudged in contempt.

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


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-12 > 46-12-7

SECTION 46-12-7

   § 46-12-7  Subpoena of witnesses –Enforcement. – (a) All subpoenas shall be served as subpoenas in civil cases in superiorcourt, and witnesses so subpoenaed shall be entitled to the same fees forattendance and travel as are provided witnesses in civil cases in superiorcourt. In cases of contumacy or refusal to obey the command of the subpoena soissued, the superior court shall have jurisdiction upon application of thedirector, with proof by affidavit of the fact, to issue a rule or orderreturnable in not less than two (2) nor more than five (5) days directing theperson to show cause why he or she should not be adjudged in contempt.

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