76-10-1213 - Corporate defendants -- Summons -- Subpoena duces tecum.
76-10-1213. Corporate defendants -- Summons -- Subpoena duces tecum.
(1) (a) The attendance in court of a corporation for purposes of commencing orprosecuting a criminal action against it under this part may be accomplished by the issuance andservice of a summons. A summons shall be issued by a magistrate if he finds probable cause thatmaterial in the possession of the corporation against which the summons is sought is pornographicor harmful to minors, which finding shall be upon affidavit describing with specificity the materialalleged to be pornographic or harmful to minors or by another manner or means the magistratefinds necessary.
(b) Where practical, the material alleged to be pornographic or harmful to minors shall beattached to the affidavit so as to afford the magistrate the opportunity to examine this material.
(c) The summons must be served upon the corporation by delivery of it to an officer,director, managing or general agent, or cashier, or assistant cashier of the corporation.
(2) The production of material alleged to be pornographic or harmful to minors in anyproceedings under this part against a corporation may be compelled by the issuance and serviceof a subpoena duces tecum. This section does not prohibit or limit the use of a subpoena ducestecum in proceedings against natural persons under this part.
Amended by Chapter 53, 2000 General Session