HARRY HUGHES, Governor

2041

Defined terms: "Complaint" § 5-1001
"Support" § 1-101

5-1017.     RESERVED.

5-1018.     RESERVED.

PART IV. PRETRIAL INQUIRY BY STATE'S ATTORNEY.

5-1019.     POWERS OF STATE'S ATTORNEY.

(A)  IN GENERAL.

BEFORE OR AFTER A COMPLAINT IS FILED UNDER THIS SUBTITLE,
THE STATE'S ATTORNEY MAY HOLD A PRETRIAL INQUIRY.

(B)  SUMMONS; OATHS; WITNESSES; EVIDENCE.

IN CONNECTION WITH ANY PRETRIAL INQUIRY UNDER THIS SECTION,
THE STATE'S ATTORNEY MAY:

(1)  ISSUE A SUMMONS THAT REQUIRES A PERSON, OTHER
THAN THE ALLEGED FATHER, TO APPEAR, TO TESTIFY, AND TO PRODUCE
DOCUMENTS CONNECTED WITH THE EXAMINATION;

(2)  ADMINISTER OATHS;

(3)  EXAMINE WITNESSES; AND

(4)  RECEIVE EVIDENCE.

(C)  SANCTIONS FOR FAILURE TO APPEAR OR OBEY.

(1)  IF A PERSON FAILS TO OBEY A SUMMONS, OR FAILS TO
TESTIFY OR COMPLY WITH A REQUEST OF THE STATE'S ATTORNEY, THE
STATE'S ATTORNEY MAY REQUEST THE CIRCUIT COURT FOR THE COUNTY TO
ORDER THE PERSON:

(I)  TO OBEY THE SUMMONS;

(II)  TO TESTIFY; OR

(III)  TO PRODUCE ANY DOCUMENT THAT THE COURT
CONSIDERS NECESSARY FOR THE INQUIRY.

(2)  IF A PERSON FAILS OR REFUSES TO OBEY THE ORDER OF
COURT AFTER THE ORDER HAS BEEN SERVED, THE PERSON IS IN CONTEMPT
OF COURT AND THE COURT MAY PUNISH THE PERSON FOR THE CONTEMPT.

(3)  A FINDING OF CONTEMPT UNDER THIS SUBSECTION IS
SUBJECT TO APPEAL.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 16, §
66D(a).