Disobedience to Subpoena for Out-of-Court Appearance

When the subpoena in any case requires the attendance of the witness before an officer or referee out of court, it is the duty of such officer or referee to report any such disobedience or refusal to the court, and the COL120106 DIV. 2 PRINCIPLES OF E VIDENCE CH. 7 THE PRODUCTION OF E VIDENCE witness must not be punished for any refusal to answer a question or to subscribe an affidavit or deposition, unless, after a hearing upon notice, the court orders him to so answer or subscribe, and then only for disobedience to such order. Any judge, justice or other officer mentioned in subparagraph

(2)of 7201 may report any disobedience to refusal to the court having jurisdiction, and such court thereupon has power, upon notice, to order the witness to perform the omitted act, and any refusal or neglect to comply with such order may be punished as a contempt of such court.