57-2-17 - Disobedience of subpoenaed witness -- Contempt -- Proof aliunde. - Utah Statutes

State Codes and Statutes

Statutes > Utah > Title-57 > Chapter-02 > 57-2-17

57-2-17. Disobedience of subpoenaed witness -- Contempt -- Proof aliunde.
Every person who, being served with a subpoena, shall without reasonable cause refuse orneglect to appear, or, appearing, shall refuse to answer upon oath touching the matters aforesaid,shall be liable to the party injured for such damages as may be sustained by him on account ofsuch neglect or refusal, and may also be dealt with for contempt as provided by law; but noperson shall be required to attend who resides out of the county in which the proof is to be taken,nor unless his reasonable expenses shall have first been tendered to him; provided, that if it shallappear to the satisfaction of the officer so authorized to take such acknowledgment that suchsubscribing witness purposely conceals himself, or keeps out of the way, so that he cannot beserved with a subpoena or taken on attachment after the use of due diligence to that end, or incase of his continued failure or refusal to testify for the space of one hour after his appearanceshall have been compelled by process, then said conveyance or other instrument may be provedand admitted to record in the same manner as if such subscribing witness thereto were dead.

No Change Since 1953

State Codes and Statutes

Statutes > Utah > Title-57 > Chapter-02 > 57-2-17

57-2-17. Disobedience of subpoenaed witness -- Contempt -- Proof aliunde.
Every person who, being served with a subpoena, shall without reasonable cause refuse orneglect to appear, or, appearing, shall refuse to answer upon oath touching the matters aforesaid,shall be liable to the party injured for such damages as may be sustained by him on account ofsuch neglect or refusal, and may also be dealt with for contempt as provided by law; but noperson shall be required to attend who resides out of the county in which the proof is to be taken,nor unless his reasonable expenses shall have first been tendered to him; provided, that if it shallappear to the satisfaction of the officer so authorized to take such acknowledgment that suchsubscribing witness purposely conceals himself, or keeps out of the way, so that he cannot beserved with a subpoena or taken on attachment after the use of due diligence to that end, or incase of his continued failure or refusal to testify for the space of one hour after his appearanceshall have been compelled by process, then said conveyance or other instrument may be provedand admitted to record in the same manner as if such subscribing witness thereto were dead.

No Change Since 1953

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-57 > Chapter-02 > 57-2-17

57-2-17. Disobedience of subpoenaed witness -- Contempt -- Proof aliunde.
Every person who, being served with a subpoena, shall without reasonable cause refuse orneglect to appear, or, appearing, shall refuse to answer upon oath touching the matters aforesaid,shall be liable to the party injured for such damages as may be sustained by him on account ofsuch neglect or refusal, and may also be dealt with for contempt as provided by law; but noperson shall be required to attend who resides out of the county in which the proof is to be taken,nor unless his reasonable expenses shall have first been tendered to him; provided, that if it shallappear to the satisfaction of the officer so authorized to take such acknowledgment that suchsubscribing witness purposely conceals himself, or keeps out of the way, so that he cannot beserved with a subpoena or taken on attachment after the use of due diligence to that end, or incase of his continued failure or refusal to testify for the space of one hour after his appearanceshall have been compelled by process, then said conveyance or other instrument may be provedand admitted to record in the same manner as if such subscribing witness thereto were dead.

No Change Since 1953