When a person upon whom a subpoena is legally served fails to appear according to such subpoena, without reasonable excuse, he or she shall forfeit to the party which issued the subpoena or on whose behalf it was issued a sum set by the court, but not exceeding $100.00 plus all costs of litigation incurred by that party as a result of the respondent's noncompliance, including costs of issuing new subpoenas and incurring additional expenses for expert witnesses. Such person shall also pay such party all just damages, to be recovered in an action of tort on this statute. (Amended 1983, No. 230 (Adj. Sess.), § 6.)