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

Summary

Refusing to obey a court order to appear and testify, after being paid any required witness fees, is a misdemeanor. A person can be charged in a United States district court or in a territorial district court that handles federal cases. On conviction, the court may fine up to $200, jail up to 90 days, or both. If the witness was prevented from obeying the court order without any fault of their own, they must 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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