In case any witness shall refuse or fail to appear, be sworn or affirmed, and answer such questions as may be put to him, he may be proceeded against in the same manner and to the same extent as if such witness were testifying in a cause being tried before the district court; but no witness shall be required to deliver up any book, paper or writing to be annexed to the said deposition and taken out of this state, but a copy of the same may be annexed to such deposition. History: Laws 1907, ch. 84, § 2; Code 1915, § 2161; C.S. 1929, § 45-302; 1941 Comp., § 20-302; 1953 Comp., § 20-3-2. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For consequences of refusal to make discovery in civil actions in district courts, see Rule 1-037 NMRA. For punishment for contempt for refusal to obey subpoenas in civil actions in district courts, see Rule 1-045 NMRA.
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