§ 491.160 (a) If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court in the ord…
Part 2: Of Civil Actions | Title 6.5: Attachment | Chapter 11: Attaching Plaintiff’s Miscellaneous Remedies | Article 1: Examination of Third Person
Rule Text
(a) If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear:
(1) The court may do either of the following:
(2) If the person’s failure to appear is without good cause, the plaintiff shall be awarded reasonable attorney’s fees incurred in the examination proceeding.
(b) A person who willfully makes an improper service of an order for an examination which subsequently results in the arrest pursuant to subdivision (a) of the person who fails to appear is guilty of a misdemeanor.
Amendment history: Amended by Stats. 2006, Ch. 277, Sec. 1. Effective January 1, 2007.