TITLE 9

EVIDENCE

CHAPTER 13

RIGHTS AND DUTIES OF WITNESSES

9-1305.  Liability of officer making arrest. An officer is not liable to the party for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the party, if such party claim the exemption, and make an affidavit stating:

1.  That he has been served with a subpoena to attend as a witness before a court, officer or other person, specifying the same, the place of attendance and the action or proceeding in which the subpoena was issued; and,

2.  That he has not thus been served by his own procurement, with the intention of avoiding an arrest.

3.  That he is at the time going to the place of attendance, or returning therefrom, or remaining there in obedience to the subpoena.

The affidavit may be taken by the officer and exonerates him from liability for discharging the witness when arrested.

History:

[(9-1305) C.C.P. 1881, sec. 981; R.S., R.C., & C.L., sec. 6094; C.S., sec. 8047; I.C.A., sec. 16-1305.]