Action by district court to compel attendance of witness or production of records, books or papers.
1. The district court in and for the county in which any hearing, investigation or other proceeding is held by the Board may compel the attendance of witnesses, the giving of testimony and the production of records, books and papers as required by any subpoena issued by the Board or the Executive Officer.
2. In case of the refusal of any witness to attend or testify or produce any items required by the subpoena, the Board may report to the district court in and for the county in which the hearing, investigation or other proceeding will be held by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the records, books or papers;
(b) The witness has been subpoenaed in the manner prescribed in this chapter; and
(c) The witness has failed and refused to attend or produce the items required by subpoena before the Board in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him in the course of the hearing, investigation or other proceeding,
Ê and ask an order of the court compelling the witness to attend and testify or produce the records, books or papers before the Board.
3. The court, upon petition of the Board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended or testified or produced the records, books or papers before the Board. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly issued by the Board or the Executive Officer, the court shall thereupon enter an order that the witness appear before the Board at the time and place fixed in the order and testify or produce the required records, books or papers. Upon failure to obey the order, the witness must be dealt with as for contempt of court.
Last modified: February 27, 2006