Issuance of subpoena by prosecuting attorney or attorney for defendant; promise to appear; informing witness of general nature of grand jury’s inquiry.
1. The prosecuting attorney may issue subpoenas subscribed by him for witnesses within the State, in support of the prosecution or whom the grand jury may direct to appear before it, upon any investigation pending before the grand jury.
2. The prosecuting attorney or the attorney for the defendant may issue subpoenas subscribed by the issuer for:
(a) Witnesses within the State to appear before the court at which an indictment, information or criminal complaint is to be tried.
(b) Witnesses already subpoenaed who are required to reappear in any justice’s court at any time the court is to reconvene in the same case within 60 days, and the time may be extended beyond 60 days upon good cause being shown for its extension.
3. Witnesses, whether within or outside of the State, may accept delivery of a subpoena in lieu of service, by a written or oral promise to appear given by the witness. Any person who accepts an oral promise to appear shall:
(a) Identify himself to the witness by name and occupation;
(b) Make a written notation of the date when the oral promise to appear was given and the information given by the person making the oral promise to appear identifying him as the witness subpoenaed; and
(c) Execute a certificate of service containing the information set forth in paragraphs (a) and (b).
4. The prosecuting attorney shall orally inform any witness subpoenaed as provided in subsection 1 of the general nature of the grand jury’s inquiry before the witness testifies. Such a statement must be included in the transcript of the proceedings.
Last modified: February 25, 2006