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Terms Used In Louisiana Revised Statutes 46:2754

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Contract: A legal written agreement that becomes binding when signed.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

A.  The commission is authorized to utilize the personnel, facilities, and services of the legislature, executive departments and agencies, and the courts and judicial administrator.  The commission may request of and utilize such counsel, research, assistance, personnel, facilities, and advice as may be obtained from any and all public sources and from any and all private sources, including but not restricted to private research agencies, consulting groups, individuals, and organizations.

B.  The commission is authorized to make, or cause to be made, any study, review, or analysis that it may find useful to the purposes of this Chapter through personnel as provided in Subsection A of this Section or in cooperation with any public or private agency including universities, colleges, foundations, charitable corporations, research organizations, and consulting groups, and the commission may call upon the members or staffs of any and all existing departments or agencies of the state for data or assistance, or both, and all such agencies and departments shall cooperate with the commission.

C.  The chairman of the commission may enter into any contract for the purpose of facilitating any provision of Subsection A or B of this Section.

D.(1)  The commission shall have the power and authority to hold hearings, subpoena witnesses, administer oaths, require the production of books and records, and do all other things necessary to discharge its duties and responsibilities under this Chapter.  However, a subpoena or a subpoena duces tecum shall be issued only upon the approval of a majority of the members of the commission.  Subpoenas shall be served by the sheriff or by any other officer authorized by law to serve process in this state.

(2)  In the case of failure or refusal of a person to comply with a subpoena issued by the commission, or in the case of the refusal of a witness to testify or answer as to a matter regarding that which he may be lawfully interrogated, any district court on the application of the commission may issue an attachment for the person to compel him to comply with the subpoena and to appear before the commission with the desired documents and to give testimony upon whatever matters are lawfully required.  The court may punish for contempt those disobeying its orders as in the case of disobedience of a subpoena issued by the court or refusal to testify therein.

Acts 2003, No. 1225, §5.