19-3004. COMPELLING ATTENDANCE OF WITNESS — SUBPOENA AND HOW ISSUED. The process by which the attendance of a witness before a court or magistrate is required is a subpoena. It may be signed and issued by:
1. A magistrate before whom an information is laid, for witnesses in the state, either on behalf of the people or of the defendant.
2. The prosecuting attorney, for witnesses in the state in support of the prosecution, or for such other witnesses as the grand jury, upon an investigation pending before them, may direct.
3. The prosecuting attorney, for witnesses in the state in support of an indictment or information, to appear before the court in which it is to be tried.
4. The clerk of the court in which an indictment or information is to be tried; and he must, at any time, upon application of the defendant, and without charge, issue as many blank subpoenas, subscribed by him as clerk, for witnesses in the state or without the state as provided in section 19-3005, as the defendant may require.
History:
[(19-3004) Cr. Prac. 1864, secs. 534, 538, p. 278; R.S., R.C., & C.L., sec. 8148; C.S., sec. 9132; I.C.A., sec. 19-2904; am. 1935, ch. 10, sec. 1, p. 24.]
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