78B-1-139 - Witnesses -- Unlawful arrest -- Void -- Damages recoverable.
78B-1-139. Witnesses -- Unlawful arrest -- Void -- Damages recoverable.
The arrest of a witness contrary to Section 78B-1-138 is void, and when willfully made isa contempt of the court. The person making the arrest is responsible to the witness arrested fordouble the amount of the damages which may be assessed against the witness, and is also liableto an action at the suit of the party serving the witness with the subpoena for the damagessustained by the party in consequence of the arrest.
Renumbered and Amended by Chapter 3, 2008 General Session