Page:United States Statutes at Large Volume 76A.djvu/468

This page needs to be proofread.

–372–

-372CHAPTER 103—SUBPOENAS; RIGHTS AND DUTIES OF WITNESSES Sec.

2551. 2552. 2553. 2554. 2555. 2556. 2557. 25i">8. 2.")5!). 2560. 2561. 2.">62.

Subpoenas generally. Duty of witness to attend. Period of attendance. Forfeiture for disobedience. Warrant for arrest of witness. Warrant of commitment. Immunity of witness from civil arrest. Persons present. Prisoner ns witness. Concealed witness. Interpreters. Witness fees.

>

§ 2551. Subpoenas generally A subpoena in a civil action issued by the district court or by a magistrate's court is governed by Kule 45 of the Federal Rules of Civil Procedure, except that a subpoena issued by either court for a trial or hearing or for the taking of a deposition may be served, and attendance of the witness may be required, anywhere within the Canal Zone. § 2552. Duty of witness to attend A witness served with a subpoena shall attend at the time appointed, with any papers under his control lawfully required by the subpoena, and answer all pertinent and legal questions; and, unless sooner discharged, shall remain until the testimony is closed. § 2553. Period of attendance A witness has a right to be detained only as long as the interests of justice require it. § 2554. Forfeiture for disobedience Except in a criminal action, and in addition to any other penalty, a witness disobeying a subpoena shall forfeit to the party aggrieved the sum of $100, and all damages which he may sustain by the failure of the witness to attend, which forfeiture and damages may be recovered in a civil action. § 2555. Warrant for arrest of witness In case of failure of a witness to attend, the court issuing the subpoena, upon proof of the service thereof, and of the failure of the witness to attend, may issue a warrant to the marslial or constable to aiTest the witness and bring him before the court, officer, or board where his attendance was required. § 2556. Warrant of commitment A warrant of commitment, issued by a court pursuant to this chapter, shall specify therein, particularly, the cause of the commitment, and if it is for refusing to answer a question, the question shall be stated in the warrant. § 2557. Immunity of witness from civil arrest (a) A person who has been, in good faith, served with a subpoena to attend as a witness in a case where the disobedience of the witness may be punislied as a contempt, is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there, and returning therefrom. (b) The arrest of a witness contrary to subsection (a) of this section is void, and, when willfully made, is a contempt of the court. The person making the arrest is responsible to the witness arrested for double the amount of the damages which may be assessed against him,