Nevada Revised Statutes 444.639 – Issuance and enforcement of subpoenas
1. In carrying out the provisions of NRS 444.621 to 444.645, inclusive, a district health officer may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.
Terms Used In Nevada Revised Statutes 444.639
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Service of process: The service of writs or summonses to the appropriate party.
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. If any person to whom a subpoena has been directed pursuant to subsection 1 refuses to attend, testify or produce any evidence specified in the subpoena, the person who issued the subpoena may present a petition, to a court of competent jurisdiction where the person to whom the subpoena was directed is subject to service of process, setting forth that:
(a) Notice has been given of the time and place at which the person was required to attend, testify or produce evidence;
(b) A subpoena has been mailed to or personally served on the witness or custodian of the evidence in sufficient time to enable him or her to comply with its provisions; and
(c) The person has failed or refused to attend, answer questions or produce evidence specified in the subpoena, and asking that the court issue an order compelling the person to attend and to testify or produce the evidence specified in the subpoena.
3. When a court receives a petition pursuant to subsection 2, it shall order the person to whom the subpoena was directed to appear at a time and place fixed by the court in its order, which must be not more than 10 days after the date of the order, and show cause why the person should not be held in contempt. A certified copy of the order must be mailed to or personally served on the person to whom the subpoena was directed.
4. If it appears to the court that the subpoena was properly issued and that the person’s failure or refusal to appear, answer questions or produce evidence was without sufficient reason, the court shall order the person to appear at a time and place fixed by the court and to testify or produce the specified evidence. If the person fails to comply with the order of the court, the person may be punished as for a contempt of court.