19-5-12. Punishment for contempt by witness.
The punishment for the contempt described in §19-5-8 shall be as follows: when the witness fails to attend, in obedience to the subpoena, except in case of demand and failure to pay his fees, the court or officer may fine the witness in a sum not exceeding fifty dollars. In other cases the court or officer may fine a witness in a sum not exceeding fifty nor less than five dollars, or may imprison him in the county jail, there to remain until he shall submit to be sworn, testify, or give his deposition.
Source: CCivP 1877, §455; CL 1887, §5269; RCCivP 1903, §495; RC 1919, §2742; SDC 1939 & Supp 1960, §36.0306.
Structure South Dakota Codified Laws
Chapter 05 - Subpoena And Attendance Of Witnesses
Section 19-5-1 - Fees and mileage payments of witnesses.
Section 19-5-4 - Requiring attendance of witness for deposition to be used in another jurisdiction.
Section 19-5-5 - Prisoner produced for oral examination in county.
Section 19-5-7 - Disobedience of subpoena or refusal to testify as contempt.
Section 19-5-8 - Attachment issued on disobedience of subpoena by witness.
Section 19-5-10 - Amount of undertaking for appearance by witness endorsed on attachment.
Section 19-5-11 - Show cause order when witness not personally served.
Section 19-5-12 - Punishment for contempt by witness.
Section 19-5-13 - Application for discharge of imprisoned witness.
Section 19-5-14 - Civil liability of witness for failure to attend or give testimony.
Section 19-5-16 - Fraud or deceit to affect testimony of witness as misdemeanor.