69-14-113. Attendance and examination of witnesses. (1) The commission in making any examination or investigation provided for in this chapter may issue subpoenas for the attendance of witnesses by such rules as it may prescribe. Witness fees shall be the same as those provided for witnesses in civil actions before the district court, as provided in 26-2-501. However, no witness furnished with free transportation may receive mileage for the distance he may have traveled on such free transportation. No person may be excused from attending or testifying or producing any books, papers, documents, or any thing or things before any court or magistrate or commissioner or board upon any investigation, proceeding, or trial under the provisions of this chapter or for any violation of any of them upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to convict him of a crime or subject him to a penalty or forfeiture. No person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may so testify or produce evidence, and no testimony or evidence so given or produced shall be received against him upon any civil or criminal proceeding, action, or investigation.
     (2) (a) The process issued by the commission shall be under seal and extend to all parts of the state. The commission shall have power to issue process in like manner as courts of record. Such process may be served by any person authorized to serve process of courts of record or by any person appointed by the commission for such purpose.
     (b) In the event the process issued by the commission is a subpoena for the attendance of a witness and he fails, neglects, or refuses to obey the same, the commission is hereby authorized to file a petition with any district court in the state, setting up the facts and the necessity of having the witness appear in the trial. The court shall thereupon summarily direct that a subpoena be issued out of the court requiring the attendance of any person as a witness before the court. The commission may thereupon examine such witness before the court, under oath, respecting any inquiry or investigation being made by the commission pursuant to the provisions of this chapter. The court shall likewise, when any petition is filed stating the necessity therefor, order the production by any person or corporation, for examination in the court, of any books, papers, records, or files necessary or pertinent to any inquiry or investigation then being made by the commission.

     History: En. Secs. 10, 18, Ch. 37, L. 1907; Secs. 4372, 4381, Rev. C. 1907; re-en. Secs. 3791, 3800, R.C.M. 1921; re-en. Secs. 3791, 3800, R.C.M. 1935; R.C.M. 1947, 72-113, 72-122; amd. Sec. 25, Ch. 43, L. 1979; amd. Sec. 1, Ch. 87, L. 1979.