§57-5-5. Failure of witness to attend or produce writing.
If any person, after being served with such summons, fail to
attend to give evidence or to produce such writing or document
according to the summons, the court whose clerk issued the summons,
or if it was not issued by the clerk of a court, the circuit court
of the county in which the attendance is desired, or a judge of
such court in vacation, on a special report by the person or
persons before whom there was a failure to attend, on proof that
there was paid to him (if it was required) a reasonable time before
he was required to attend, the allowance for one day's attendance,
and his mileage and tolls, shall, after service of a notice to, or
rule upon him to show cause against it (if no sufficient cause be
shown against it) fine him not exceeding twenty dollars, to the use
of the party for whom he was summoned, and may proceed by
attachment to compel him to attend and give his evidence or produce
such writing or document at such time and place as such court or
judge may deem fit. The witness shall, moreover, be liable to any
party injured for damages.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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