69-14-113. Attendance and examination of witnesses. (1) In making any examination or investigation provided for in this chapter, the commission may issue subpoenas for the attendance of witnesses as prescribed by rules that it may adopt. Witness fees must be the same as those provided for witnesses in civil actions before the district court, as provided in 26-2-501. However, a witness furnished with free transportation may not receive mileage for the distance the witness traveled on the free transportation. A person may not be excused from attending or testifying or producing any books, papers, documents, or any other thing before any court, magistrate, commissioner, or board upon any investigation, proceeding, or trial under the provisions of this chapter or for any violation of any of the provisions of this chapter upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to convict the person of a crime or subject the person to a penalty or forfeiture. A person may not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person may testify or produce evidence, and testimony or evidence given or produced may not be received against the person upon any civil or criminal proceeding, action, or investigation.
     (2) (a) The process issued by the commission must be under seal and extend to all parts of the state. The commission may issue process in the same manner as courts of record. The process may be served by any person authorized to serve process of courts of record or by any person appointed by the commission for that purpose.
     (b) If the process issued by the commission is a subpoena for the attendance of a witness and the witness fails, neglects, or refuses to obey the subpoena, the commission may file a petition with any district court in the state, setting forth the facts and the necessity of having the witness appear in the trial. The court shall 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 examine the 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 for production, 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; amd. Sec. 2030, Ch. 56, L. 2009.