§104 — Title 43 Public Lands | U.S. Code

Summary

If someone intentionally ignores or refuses a subpoena, or won't show up and testify when subpoenaed after being paid any requested witness fees, they can be formally charged with a misdemeanor in a federal district court or in the U.S. district courts for the Territories. If convicted, the court may fine them up to $200, send them to jail for up to 90 days, or both. If they were prevented from obeying the subpoena through no fault of their own, they will not be punished.

Title 43, §104

Public Lands — Source: USLM XML via OLRC

Any person willfully neglecting or refusing obedience to such subpoena, or neglecting or refusing to appear and testify when subpoenaed, his fees having been paid if demanded, shall be deemed guilty of a misdemeanor, for which he shall be punished by indictment in the district court of the United States or in the district courts of the Territories exercising the jurisdiction of district courts of the United States. The punishment for such offense, upon conviction, shall be a fine of not more than $200, or imprisonment not to exceed ninety days, or both, at the discretion of the court: Provided, That if such witness has been prevented from obeying such subpoena without fault upon his part he shall not be punished under the provisions of this section.

Editorial Notes

Codification Act Mar. 3, 1911, conferred the powers and duties of the former circuit courts upon the district courts.

§104 Disobedience to subpoena

Summary

Title 43, §104

Notes & Related Subsidiaries

Editorial Notes

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