West Virginia Code 15-1E-47 – Refusal to appear or testify
(a) Any person not subject to this article who:
Terms Used In West Virginia Code 15-1E-47
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- 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.
- military court: means a court-martial or a court of inquiry. See West Virginia Code 15-1E-1
- officer: means a commissioned or warrant officer. See West Virginia Code 15-1E-1
- State: means one of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the U. See West Virginia Code 15-1E-1
- Testify: Answer questions in court.
(1) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before such a court;
(2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the state; and
(3) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce; may be punished by the military court in the same manner as a criminal court of the state.
(b) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.