50-71-303. Procedure to compel testimony or production of evidence. (1) The department or any member thereof before whom testimony is to be given or produced, in the case of refusal of any witness to attend or testify or produce any papers required by such subpoena, may in applying to the district court in and for the county in which the proceeding is pending show that the witness has been subpoenaed in the manner prescribed and the witness has failed or refused to attend or produce the papers required by the subpoena or has refused to answer questions propounded to him in the course of such proceeding and ask the court to compel the witness to attend and testify or produce such papers before the department.
     (2) The court, upon such application, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court then and there to show cause why the witness has not attended and testified or produced the papers before the department or any member thereof.
     (3) A copy of the order shall be served upon the witness.
     (4) If it is apparent to the court that the subpoena was regularly issued by the department or member thereof, the court thereupon shall enter an order that the witness appear before the department or member thereof at a time and place to be fixed in such order and testify and produce the required papers, and upon failure to obey the order, the witness shall be dealt with as for contempt of court.

     History: En. Sec. 7, Ch. 341, L. 1969; amd. Sec. 3, Ch. 182, L. 1975; R.C.M. 1947, 41-1714; amd. Sec. 64, Ch. 613, L. 1989.