Michigan Laws 479.15 – Powers of commissioners; disobedience of or wilful failure to comply with order or subpoena; refusal of witness to testify; witness fees and mileage; depositions; record of proceedings
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(1) Each of the commissioners, for the purposes mentioned in this act, shall have power to administer oaths, certify to official acts, issue subpoenas, compel the attendance of witnesses, and the production of papers, waybills, books, accounts, documents, and testimony. In case of disobedience on the part of any person or persons, or wilful failure to comply with any order of the commission or any commissioner or any subpoena, or upon the refusal of any witness to testify regarding any matter upon which the witness may be lawfully interrogated, or to produce any books or papers in the witness’s custody or control which the witness shall have been required by any commissioner to produce, a judge of the circuit court, upon application of a commissioner, shall compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court, or a refusal to testify in the court.
(2) Each witness who appears before the commission by its order shall receive for his or her attendance the fees and mileage now provided for witnesses in civil cases in circuit court, which shall be audited and paid by the state in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers sworn to by the witnesses and approved by the chairperson of the commission. A witness subpoenaed at the instance of parties other than the commission, shall not be entitled to compensation from the state for attendance and travel, unless the commission certifies that his or her testimony was material and necessary to the matter investigated.
Terms Used In Michigan Laws 479.15
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Commission: means the Michigan public service commission. See Michigan Laws 475.1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Person: means an individual, partnership, association, or corporation, and their lessees, trustees, or receivers appointed by a court. See Michigan Laws 475.1
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- 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.
(3) The commission or any party, in any investigation, may cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the circuit courts.
(4) A full and complete record of all proceedings had before the commission on any investigation upon complaint, or upon its own motion, shall be kept.