§21-8 Issuance of subpoenas.

446 words·~2 min read·/hi/chapter-21/21-8

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The president or speaker or other presiding officer of either house of the legislature may issue subpoenas requiring the attendance of witnesses and subpoenas duces tecum requiring the production of books, documents, or other evidence, in any matter pending before either house, or committee, as the case may be.

(b)Every investigating committee, when authorized by either house or both houses, as the case may be, may issue, by majority vote of all its members, subpoenas requiring the attendance of witnesses and subpoenas duces tecum requiring the production of books, documents, or other evidence, in any matter pending before the committee.

(c)A person subpoenaed to attend a hearing of an investigating committee shall receive the same fees and allowances as a person legally required to attend upon a circuit court or a grand jury in any criminal case pursuant to section 621-7.

(d)Any subpoena, warrant of arrest or other process issued under the authority of any house or of both houses of the legislature shall run in the name of the State of Hawaii and shall be addressed to any or all of the following officers: the sergeant-at-arms of either house of the legislature; the sergeant-at-arms of both houses of the legislature, in the case of a subpoena issued in behalf of a joint committee of both houses; the sheriff or the sheriff's deputies; the chief of police of any county or the chief's deputies; any police officer of the State or any county. The subpoena, warrant or other process shall be signed by the officer authorized to issue it, shall set forth the officer's official title, shall contain a reference to the rule, or concurrent, or other resolution, or other means, by which the taking of testimony or other evidence, or the issuance of such warrant or other process, was authorized, and shall, in the case of a summons or subpoena, set forth in general terms the matter or question with reference to which the testimony or other evidence is to be taken.

(e)Any officer to whom such process is directed, if within the officer's territorial jurisdiction, shall forthwith serve or execute the same upon delivery thereof to the officer, without charge or compensation, except as provided in section 21-8(f).

(f)The house, or both houses of the legislature in the case of a subpoena or process issued by a joint committee, shall compensate or reimburse any officer serving or executing the subpoena or process for the officer's actual expenses, if any, in connection therewith. [L 1969, c 211, pt of §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]