Compelling attendance of witnesses and the giving of testimony.

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Any magistrate, on the application of a party to a cause pending before the magistrate, must issue a summons citing any person whose testimony may be required in the cause and who resides in the county to appear before the magistrate at a certain time and place to give evidence. This summons must be served in a manner such that it is received by the witness at least one day before his attendance is required. If the witness fails or refuses to attend, the magistrate may issue a rule to show cause commanding the witness to be brought before the magistrate or, if any witness attending refuses to give evidence without good cause shown, the magistrate may punish the witness for contempt by imposition of a sentence up to the limits imposed on magistrates' courts in Section 22-3-550.

HISTORY: 1962 Code Section 43-132; 1952 Code Section 43-132; 1942 Code Section 3715; 1932 Code Section 3715; Civ. C. '22 Section 2249; Civ. C. '12 Section 1399; Civ. C. '02 Section 991; G. S. 844; R. S. 887; 1839 (11) 16; 1998 Act No. 301, Section 1.


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