§4-1-5. Authority to subpoena witnesses and documents; penalty for refusal to comply; applicability of whistle-blower law


Published: 2015

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WEST VIRGINIA CODE











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WVC 4-1-5

§4-1-5. Authority to subpoena witnesses and documents; penalty for

refusal to comply; applicability of whistle-blower law.

(a) When the Senate or House of Delegates, or a committee of

either house, authorized to examine witnesses, by resolution or by

rules of the Senate or of the House of Delegates, shall order the

attendance of any witness, or the production of any books, papers,

documents or records necessary for the Senate, House of Delegates

or a committee thereof to perform its duties, a summons shall be

issued accordingly, signed by the presiding officer or clerk of

such house, or the chairman of such committee, directed to the

sheriff or other proper officer of any county, or to the sergeant

at arms of such house, or any person deputed by him. When a

committee is appointed by each house under any joint or concurrent

resolution, and directed to sit jointly, with authority to examine

witnesses or send for persons or documents, the subpoena aforesaid

may be signed by the chairman of the committee on the part of the

Senate or the chairman of the committee on the part of the House of

Delegates.

(b) If any witness subpoenaed to appear at any hearing or

meeting pursuant to subsection (a) of this section shall refuse to

appear or to answer inquiries there propounded, or shall fail or

refuse to produce books, papers, documents or records within his or

her control when the same are subpoenaed, the Senate, House of

Delegates or a committee thereof, in its discretion may enforce

obedience to its subpoena by attachment, fine or imprisonment, or

it may report the facts to the circuit court of Kanawha County or

any other court of competent jurisdiction and such court shall compel obedience to the subpoena as though such subpoena had been

issued by such court in the first instance.

Witnesses subpoenaed to attend such hearings or meetings,

except officers or employees of the state, shall be allowed the

same mileage and per diem as is allowed witnesses before any petit

jury in this state.

(c) The provisions of article one, chapter six-c of this code

are expressly applicable to persons testifying pursuant to the

provisions of subsection (a) of this section.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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