§ 392.Disobedience of Subpoena Or Refusal to Be Sworn Or Answer As a Witness Punishable As Contempt
Chapter 9: Witnesses · Last amended October 1, 1980 · Last verified August 3, 2026
Full Text of § 392
Amendment History
R.L. 1910, § 5057; Amended Laws 1980, HB 1594, c. 47, §1, eff. 10/1/1980.
Plain-English Summary
This section is the foundation for enforcing witness cooperation: disobeying a subpoena, or refusing to be sworn or to answer once lawfully ordered to, can be punished as contempt. The contempt runs against whichever court or officer required the witness's attendance or testimony. Sections 393 through 396 spell out the mechanics — how a noncompliant witness gets attached and brought in, what the punishment looks like, and how a commitment order must be written.
Frequently Asked Questions
What counts as contempt for a witness under Section 392?
Disobeying a subpoena, or refusing to be sworn or to answer as a witness, when lawfully ordered to do so.
Who can hold a witness in contempt under this section?
The court or officer by whom the witness's attendance or testimony is required.
What happens after a witness is found in contempt under Section 392?
Sections 393 and 394 set out the attachment procedure and the specific fines or imprisonment that follow.