§ 1–301.172. Refusal to obey subpoena.

DC Code § 1–301.172 (2019) (N/A)

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(a) In a case of contumacy or refusal to obey a subpoena issued to a person under § 1-301.171, the Auditor may apply to the Superior Court of the District of Columbia for an order requiring the contumacious person to appear relating to the matter under investigation. Failure to obey the Court’s order shall be punishable as contempt of court.

(b) If the District of Columbia Auditor prevails, in whole or in part, in an application to the Superior Court of the District of Columbia in a suit to enforce a subpoena issued pursuant to § 1-301.171, the District of Columbia Auditor may be awarded reasonable attorney fees and other costs of litigation.

(c) If the District of Columbia Auditor prevails, in whole or in part, in an application to the Superior Court of the District of Columbia in a suit to enforce a subpoena issued pursuant to § 1-301.171 and is not awarded reasonable attorney’s fees, the District government agency or instrumentality challenging the enforcement order shall reimburse the District of Columbia Auditor for any litigation-related expenses or costs incurred.

(Apr. 22, 2004, D.C. Law 15-146, § 3, 51 DCR 2597; Mar. 11, 2010, D.C. Law 18-119, § 4(a), 57 DCR 906.)

This section is referenced in § 1-301.174.

D.C. Law 18-119 designated the existing text as subsec. (a); and added subsecs. (b) and (c).

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§ 1–301.171. Subpoena power.

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