Arizona Laws 44-1825. Contempt; penalty
A. In case of contumacy or refusal to obey a subpoena or citation issued by the commission, any member of the commission, the director or any officer designated by the commission, the superior court in Maricopa county, on application by the commission, shall issue to the person an order requiring the person to appear before the commission, the director or the officer designated by the commission to produce documentary evidence if so ordered and to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt of court.
Terms Used In Arizona Laws 44-1825
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Director: means the director of the securities division of the commission. See Arizona Laws 44-1801
- 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.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: means an individual, corporation, partnership, association, joint stock company or trust, limited liability company, government or governmental subdivision or agency or any other unincorporated organization. See Arizona Laws 44-1801
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Subpoena: A command to a witness to appear and give testimony.
- Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
B. In the case of wilful noncompliance with a nondisclosure order included in a subpoena issued pursuant to section 44-1823, on application by the commission, the superior court in Maricopa county may exercise its contempt powers. For the purposes of this subsection, "wilful" has the same meaning as that prescribed to wilfully in section 1-215.
C. The court shall award reasonable expenses, including attorney fees, to the commission if the refusal to obey a subpoena or citation issued by the commission was not substantially justified, unless other circumstances make an award of expenses unjust.
D. Process in any proceeding pursuant to this section may be served on the defendant in any county of this state in which the defendant transacts business or is found.
E. Any expenses, including attorney fees, collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.