§ 12-394. Punishment for contempt - Liability to party injured.

A.  The punishment for the contempt provided in Section 393 of this title shall be as follows:  When the witness fails to attend, in obedience to the subpoena, except in case of a demand and failure to pay his fees, the court or officer may fine the witness in a sum not exceeding Fifty Dollars ($50.00).  In other cases, the court or officer may fine the witness in a sum not exceeding Fifty Dollars ($50.00), or may imprison him in the county jail, there to remain until he shall submit to be sworn, testify or give his deposition.  The fine imposed by the court shall be paid into the county treasury, and that imposed by the officer shall be for the use of the party for whom the witness was subpoenaed.  The witness shall, also, be liable to the party injured for any damages occasioned by his failure to attend, or his refusal to be sworn, testify or give his deposition.

B.  The punishment provided in this section shall not apply where the witness refuses to subscribe a deposition.

R.L. 1910, § 5059.  Amended by Laws 1980, c. 47, § 2, eff. Oct. 1, 1980.