23A-14-11. John Doe subpoena for examination before magistrate--Compelling obedience.Whenever a complaint verified positively or upon information and belief by a prosecuting attorney is laid before a committing magistrate that a criminal offense has been committed in this state and asking for an investigation of the same, such magistrate shall issue his subpoena requiring any person he may deem proper to attend before him at the time and place mentioned in such subpoena and submit to an examination and give testimony concerning any violation of law about which he may be questioned. No witness shall refuse to comply with such subpoena because his fee therefor has not been paid in advance and his attendance may be compelled by attachment as in the case of other witnesses. Source: SDC 1939 & Supp 1960, §34.0901; SDCL, §23-20-10; SL 1978, ch 178, §483.
South Dakota Legal Code