19-3004 — COMPELLING ATTENDANCE OF WITNESS -- SUBPOENA AND HOW ISSUED
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TITLE 19
CRIMINAL PROCEDURE
CHAPTER 30
WITNESSES IN CRIMINAL PROCEEDINGS
19-3004. COMPELLING ATTENDANCE OF WITNESS -- SUBPOENA AND HOW ISSUED. The
process by which the attendance of a witness before a court or magistrate is
required is a subpoena. It may be signed and issued by:
1. A magistrate before whom an information is laid, for witnesses in the
state, either on behalf of the people or of the defendant.
2. The prosecuting attorney, for witnesses in the state in support of the
prosecution, or for such other witnesses as the grand jury, upon an
investigation pending before them, may direct.
3. The prosecuting attorney, for witnesses in the state in support of an
indictment or information, to appear before the court in which it is to be
tried.
4. The clerk of the court in which an indictment or information is to be
tried; and he must, at any time, upon application of the defendant, and
without charge, issue as many blank subpoenas, subscribed by him as clerk, for
witnesses in the state or without the state as provided in section 19-3005, as
the defendant may require.