(1) Except as
provided in this section, no person has the right to appear as a
witness in a grand jury or special inquiry judge proceeding.
(2) A public attorney may call as a witness in a grand jury
or special inquiry judge proceeding any person believed by him or
her to possess information or knowledge relevant thereto and may
issue legal process and subpoena to compel his or her attendance
and the production of evidence.
(3) The grand jury or special inquiry judge may cause to be
called as a witness any person believed by it to possess relevant
information or knowledge. If the grand jury or special inquiry
judge desires to hear any such witness who was not called by a
public attorney, it may direct a public attorney to issue and
serve a subpoena upon such witness and the public attorney must
comply with such direction. At any time after service of such
subpoena and before the return date thereof, however, the public
attorney may apply to the court which impaneled the grand jury
for an order vacating or modifying the subpoena on the grounds
that such is in the public interest. Upon such application, the
court may in its discretion vacate the subpoena, extend its
return date, attach reasonable conditions to directions, or make
such other qualification thereof as is appropriate.
(4) The proceedings to summon a person and compel him or her
to testify or provide evidence shall as far as possible be the
same as proceedings to summon witnesses and compel their
attendance. Such persons shall receive only those fees paid
witnesses in superior court criminal trials.
[2010 c 8 § 1025; 1971 ex.s. c 67 § 14.]