True or false: Judges do not have discretion to reduce the fine or remit the fine if the subpoenaed witness eventually appears and testifies.

• A. Never
• B. Sometimes
• C. True
• D. False

Answer: (D)

Discretion in sanctions for subpoena noncompliance is at play here. If a witness initially refuses to testify and is fined, but later does appear and testify, the court can purge the contempt and may reduce or remit the fine as part of that purge. The aim of contempt penalties is to compel compliance, and once compliance occurs, the coercive element can be lifted and the sanction adjusted accordingly. So stating there’s no discretion is not correct.

The key idea is that appearances after initial refusal can trigger relief from penalties, though the exact outcome depends on the jurisdiction and the circumstances surrounding the noncompliance and subsequent testimony.