West Virginia Code § 4-1-5

Authority to subpoena witnesses and documents; penalty for refusal to
Open in Lexace · Ask the AI about this section
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 thereoef 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 ror 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 chtairman 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, documsents 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 cogurt 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 courte in the first instance.
Witnesses subpoenaed tLo 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.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.