General Assembly Rules #
§ 705. Power of subpoena; administration of oaths or affirmations; penalties for noncompliance.
“(a) Whenever it is necessary in connection with any of the powers and duties of the General Assembly of the State, the Senate or the House of Representatives may, by issuing subpoenas and any other necessary legal process, do the following:
- “Require the attendance of any resident of this State.
- “Require a resident of this State to produce any records or papers in the resident’s possession located within this State.
“(b) An individual who is a member of the General Assembly may administer oaths or affirmations to witnesses in connection with any hearing or investigation conducted by the House of which the individual is a member or a committee of which the individual is a member.
“(c) Whoever does any of the following is to be fined not more than $1,000, or imprisoned not more than 12 months, or both:
- “Having been summoned as a witness under subsection (a) of this section, wilfully makes default.
- “Having appeared, refuses to answer a question pertinent to the question under inquiry.
- “Having possession of records required in a subpoena, fails to produce the records as required under subsection (a) of this section.
“(d) Nothing in this section is to be construed as a waiver by the General Assembly of the General Assembly’s inherent right to issue subpoenas and to punish for contempt of the General Assembly without the intervention of a court” (Delaware Code, Title 29, Ch. 7).
House Rules #
“(d) Upon a majority vote of the full committee, a subpoena may be requested by the committee and presented to the Speaker for consideration pursuant to Rule 11” (House Rule 35).
Senate Rules #
“(a)(1) The Senate may require the attendance of a person or production of documents by a person by subpoena issued under this rule by a majority vote of its members. The President Pro Tempore shall sign, and the Secretary shall attest, a subpoena issued under this paragraph (a)(1).
- “(2) The Chair of a standing or special committee of the Senate or a task force or similar entity created by the Senate or action of the General Assembly may require the attendance of a person or production of documents by a person by subpoena. To be valid, the President Pro Tempore must sign, and the Secretary must attest, a subpoena issued under this paragraph (a)(2).
“(b) A subpoena issued under this rule must be in writing.
“(c) A member of the Senate may administer oaths or affirmations to witnesses in connection with a hearing or investigation conducted by the Senate or a committee to which the member is appointed.
“(d) Whoever having been summoned as provided in subsection (a) of this rule willfully makes default or whoever, having appeared, refuses to answer any question pertinent to the question under inquiry or whoever having possession of records required in a subpoena fails to produce the same is to be fined not more than $1,000, or imprisoned not more than 12 months, or both.
“(e) Nothing in this section is to be construed as a waiver by the Senate of its inherent right to issue subpoenas and to punish for contempt of the Senate without the intervention of a court” (Senate Rule 60).
