Commitment of Witness; Contempt of Court
A witness who has refused to obey a lawful order to produce books, documents and papers may be properly incarcerated for contempt of court. A writ of habeas corpus will not apply, unless it can be shown the witness could not have legally had possession of such documents. In such a situation the writ of habeas corpus will properly apply, and is the remedy for such improper action.
At common law, and under various statutes pertaining to a given jurisdiction, a right to action for damages, or for a statutory penalty or forfeiture, exists against a witness who, without sufficient excuse, fails or refuses to give oral testimony or to produce documents or other specified items in obedience to the command of a properly issued and served subpoena.
There are certain conditions precedent, or defenses, to a recovery of damages for a person's failure to testify, or to provide documents pertinent to a hearing or trial. There must be a breach of testimonial duty, after having been properly served with a legitimately executed subpoena. There must be a demonstration of actual damages incurred from the absence of testimony. Most courts have rejected the arguments for seeking damages in this kind of case. Giving false testimony in a judicial proceeding even though the allegation is made that the person giving the testimony knew it to be false, does not give rise, either at common law or by statute, to a civil action for damages, resulting from such testimony. The situation is probably different if intentionally false documents are submitted under a subpoena duces tecum.
Read more about this topic: Subpoena Duces Tecum
Famous quotes containing the words commitment, contempt and/or court:
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—Laurence Steinberg (20th century)
“Allusion has been made to [Proust’s] contempt for the literature that “describes,” for the realists and naturalists worshipping the offal of experience, prostrate before the epidermis and the swift epilepsy, and content to transcribe the surface, the façade, behind which the Idea is prisoner.”
—Samuel Beckett (1906–1989)
“If a walker is indeed an individualist there is nowhere he can’t go at dawn and not many places he can’t go at noon. But just as it demeans life to live alongside a great river you can no longer swim in or drink from, to be crowded into safer areas and hours takes much of the gloss off walking—one sport you shouldn’t have to reserve a time and a court for.”
—Edward Hoagland (b. 1932)