Legislative Procedure Act 1968
s D.L. 15-38 (1968) Page 1
TITLE 3 – CENTRAL GOVERNMENT
CHAPTER 3 - LEGISLATIVE PROCEDURE
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
LEGISLATIVE PROCEDURE ACT 1968
Arrangement of Sections
Section Page
§301. Short title. .............................................................................................................................. 3
§302. Power to take testimony. ..................................................................................................... 3
§303. Form of process. .................................................................................................................... 3
§304. Service of process. ................................................................................................................ 4
§305. Compensation of serving; officers and witnesses. ........................................................... 4
§306. Oaths of witnesses. ............................................................................................................... 4
§307. Privilege of witnesses........................................................................................................... 4
§308. Refusal of witness to make oath or affirmation or to testify or to produce
papers; perjury. ..................................................................................................................... 5
§309. Prosecution of witnesses failing to testify or produce records. ..................................... 5
§310. Interference with service of process................................................................................... 5
§311. Interim committees. ............................................................................................................. 6
s D.L. 15-38 (1968) Page 3
TITLE 3 – CENTRAL GOVERNMENT
CHAPTER 3 - LEGISLATIVE PROCEDURE
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
LEGISLATIVE PROCEDURE ACT 1968
AN ACT to establish legislative procedure for the Nitijela of the Marshall Islands.
Commencement: November 21, 1968
Source: D.L. 15-38 (1968)
Amended By: M.I. Code(l975)
§301. Short title.
This Chapter may be cited as the “Legislative Procedure Act 1968".
§302. Power to take testimony.
The Speaker or other presiding officer of the Nitijela of the Marshall Islands,
and the Chairman or Acting Chairman of a committee of the whole, or of
any committee of the Nitijela, including, but not limited to, any special
committee and the holdover committee, may issue subpoenas and
subpoenas duces tecum requiring the attendance of witnesses or the
production of books, documents, records, or other evidence, in any matter
pending or proposed before the Nitijela, or committee, as the case may be.[D.L. 15-38 (1968); M.I. Code (1975), §1.901.]
§303. Form of process.
Any subpoena, subpoena duces tecum, warrant of arrest or other process
issued under the authority of the Nitijela shall run in the name of the
Republic, and shall be addressed to any or all of the following officers: the
Sergeant-At-Arms of the Nitijela, or the Chief of Police of the Republic or his
deputies, or any police officer within the Republic. Such subpoena,
subpoena duces tecum, warrant or other process shall be signed by the
officer authorized to issue the same; shall set forth his official title, shall
contain a reference to the rule, or resolution, or other means by which the
taking of testimony or other evidence, or the issue of such warrant or other
process was authorized, and shall, in the case of a summons, or subpoena,
or subpoena duces tecum set forth in general terms the matter or question
with reference to which such testimony or other evidence is to be taken. [D.L.15-38 (1968); M.I. Code (1975), §1.902.]
§304. Service of process.
Any officer to whom such process is directed, shall forthwith serve or
execute the same upon delivery thereof to him, without charge or
compensation, except as provided in Section 305 of this Chapter . [D.L. 15-38(/968); M.1. Code (1975), §1.903.]
§305. Compensation of serving; officers and witnesses.
The Nitijela shall compensate or reimburse any officer serving or executing
such subpoena or process for his actual expenses, if any, in connection
therewith, and may, at its discretion, compensate or reimburse any witness
or other person attending pursuant to such subpoena or process for his time
or expenses, or both. [D.L. 15-38 (1968); M.1. Code (1975),§1.904.]
§306. Oaths of witnesses.
The Speaker of the Nitijela, or a Chairman or acting Chairman of any
committee of the whole, or of any committee of the Nitijela, may administer
oaths to witnesses in any case under their examination. Any member of the
Nitijela may administer oaths to witnesses in any matter pending in the
Nitijela, or any committee of the Nitijela of which he is a member. [D. L. 15-38(1968); M.1. Code (1975), §1.905.]
§307. Privilege of witnesses.
No witness is privileged to refuse to testify to any fact, or to produce any
paper, book, document, or records respecting which he shall be examined
by the Nitijela or any committee of the Nitijela, upon the ground that his
testimony to such fact or his production of any such paper may tend to
disgrace him, jeopardize his job, or in any other manner render him
infamous or in jeopardy. [D.L. 15-38 (1968); M.I. Code (1975),§1.906.]
s D.L. 15-38 (1968) Page 5
§308. Refusal of witness to make oath or affirmation or to testify or to
produce papers; perjury.
Every person who, having been summoned by the authority of the Nitijela
or any of its committees to give testimony or to produce papers upon any
matter under inquiry by the Nitijela or any of its committees, willfully
makes default, or who, having appeared, refuses to take oath or affirmation
or to answer any question pertinent to the question under inquiry, or refuses
to produce papers, shall be guilty of a misdemeanor and shall upon
conviction be liable to a fine not exceeding $1,000 or to a term of
imprisonment not exceeding twelve (12) months, or both. False swearing
upon any material fact by any witness before the Nitijela or any committee
thereof shall constitute perjury and be punishable as such. [D. L. 15-38 (1968); M. I.Code (1975), §1.907.]
§309. Prosecution of witnesses failing to testify or produce records.
Whenever a witness summoned as mentioned in Section 308 of this Act fails
to appear to testify or fails to produce any books, papers, records, or
documents as required, or whenever any witness so summoned refuses to
answer any question pertinent to the subject under inquiry before the
Nitijela or before any committee thereof, and the fact of such failure is
reported to the Nitijela while the Nitijela is in session, the Speaker shall
certify a statement of such fact, under his signature as such Speaker, to the
appropriate prosecuting authority of the Republic who shall prosecute the
offender in any appropriate court. When the Nitijela is not in session, a
statement of the facts constituting such failure shall be certified by the
Chairman or acting Chairman of the committee concerned, under his
signature, to the appropriate prosecuting authority of the Republic who
shall prosecute the offender as aforesaid. [D.L. 15-38 (1968); M. I. Code (1975), §1.908.]
§310. Interference with service of process.
(1) Whoever knowingly and willfully obstructs, resists, or opposes any
Chief of Police, or other person duly authorized, in serving or
executing, or attempting to serve or execute any process issued
pursuant to this Chapter, or whoever assaults, wounds or beats any
Chief of Police, deputy, or other person duly authorized in serving or
executing any such process, shall be guilty of obstructing justice and
shall upon conviction be liable to a fine not exceeding $1,000 or to a
term of imprisonment not exceeding one year, or both.
(2) Whoever willfully and knowingly conceals, removes, destroys, alters,
or in any other manner with intent to do so does any other act with
the intention of preventing the Nitijela from examining such records,
papers, books, or documents under subpoena or subpoena duces
tecum shall be guilty of a misdemeanor and shall upon conviction be
liable to a fine not exceeding $1,000 or to a term of imprisonment not
exceeding one year, or both. [D.L. 15-38 (1968); M. I. Code (1975), §1.909.]
§311. Interim committees.
The provisions of this Chapter shall apply not only to proceedings during a
session of the Nitijela, but also to proceedings before an interim committee
of the Nitijela when the Nitijela is not in session. [D.L. 15-38 (1968); M.I. Code (1975),1.910.]
