Section 33-10-8 - Compelling attendance of witnesses--Attachment for nonattendance--Misdemeanor. - South-dakota Statutes

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33-10-8. Compelling attendance of witnesses--Attachment for nonattendance--Misdemeanor. Any court authorized by this chapter shall have the same power as other courts of the state to compel the attendance of witnesses, through the senior officer or president of the court, or the military judge thereof, and to administer oaths to such witnesses and issue subpoenas for all witnesses deemed necessary by the court. Such officer or president may issue attachment for the witness, and all sheriffs, jailers, and constables shall execute any process issued by such senior officer, president or military judge for that purpose. The person attached for nonattendance shall pay the usual fees for such service, besides the penalty provided, unless he satisfies the court that his failure to attend was excusable. Every witness not appearing in obedience to such subpoena if duly served with a copy of the same, and not having a sufficient excuse, commits a Class 2 misdemeanor.

Source: SL 1887, ch 100, § 48; CL 1887, § 1964; RPolC 1903, § 2501; SL 1903, ch 185, § 64; SL 1917, ch 297, § 61; RC 1919, § 10621; SDC 1939, § 41.0170; SL 1977, ch 190, § 3; SL 1990, ch 263, § 7.

State Codes and Statutes

Statutes > South-dakota > Title-33 > Chapter-10 > Statute-33-10-8

33-10-8. Compelling attendance of witnesses--Attachment for nonattendance--Misdemeanor. Any court authorized by this chapter shall have the same power as other courts of the state to compel the attendance of witnesses, through the senior officer or president of the court, or the military judge thereof, and to administer oaths to such witnesses and issue subpoenas for all witnesses deemed necessary by the court. Such officer or president may issue attachment for the witness, and all sheriffs, jailers, and constables shall execute any process issued by such senior officer, president or military judge for that purpose. The person attached for nonattendance shall pay the usual fees for such service, besides the penalty provided, unless he satisfies the court that his failure to attend was excusable. Every witness not appearing in obedience to such subpoena if duly served with a copy of the same, and not having a sufficient excuse, commits a Class 2 misdemeanor.

Source: SL 1887, ch 100, § 48; CL 1887, § 1964; RPolC 1903, § 2501; SL 1903, ch 185, § 64; SL 1917, ch 297, § 61; RC 1919, § 10621; SDC 1939, § 41.0170; SL 1977, ch 190, § 3; SL 1990, ch 263, § 7.

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State Codes and Statutes

Statutes > South-dakota > Title-33 > Chapter-10 > Statute-33-10-8

33-10-8. Compelling attendance of witnesses--Attachment for nonattendance--Misdemeanor. Any court authorized by this chapter shall have the same power as other courts of the state to compel the attendance of witnesses, through the senior officer or president of the court, or the military judge thereof, and to administer oaths to such witnesses and issue subpoenas for all witnesses deemed necessary by the court. Such officer or president may issue attachment for the witness, and all sheriffs, jailers, and constables shall execute any process issued by such senior officer, president or military judge for that purpose. The person attached for nonattendance shall pay the usual fees for such service, besides the penalty provided, unless he satisfies the court that his failure to attend was excusable. Every witness not appearing in obedience to such subpoena if duly served with a copy of the same, and not having a sufficient excuse, commits a Class 2 misdemeanor.

Source: SL 1887, ch 100, § 48; CL 1887, § 1964; RPolC 1903, § 2501; SL 1903, ch 185, § 64; SL 1917, ch 297, § 61; RC 1919, § 10621; SDC 1939, § 41.0170; SL 1977, ch 190, § 3; SL 1990, ch 263, § 7.