Subpoenas Served if Witness Concealed

If a witness is concealed in a building or vessel, so as to prevent the service of a subpoena upon him, any court or judge, or any officer issuing the subpoena may, upon proof by affidavit of the concealment, and of the materiality of the witness, make an order that the Director of Public Safety or any peace officer serve the subpoena; and the Director of Public Safety or such peace officer must serve it accordingly, and for that purpose may break into the building or vessel where the witness is concealed. SOURCE: CCP § 1988. COMMENT: Normally, in civil matters, subpoenas are served by persons not peace officers or officers of the Territory. Therefore, this Section is an exception to be used when the circumstances stated therein warrant.