22-4208. Summoning confined witness in this state to appear in another state; court order.
22-4208
22-4208. Summoning confined witness in this state to appear in anotherstate; court order.A judge of a state court of record in another state, which by its lawshas made provision for commanding persons confined in penal institutionswithin that state to attend and testify in this state, may certify (1) thatthere is a criminal proceeding or investigation by a grand jury or acriminal action pending in the court, (2) that a person who is confined ina penal institution in this state may be a material witness in theproceeding, investigation, or action, and (3) that his presence will berequired during a specified time. Upon presentation of the certificate toany judge having jurisdiction over the person confined, and upon notice tothe attorney general, the judge in this state shall fix a time and placefor a hearing and shall make an order directed to the person having custodyof the prisoner requiring that the prisoner be produced before him at thehearing.
If at the hearing the judge determines (1) that the witness may bematerial and necessary, (2) that his attending and testifying are notadverse to the interests of this state or to the health or legal rights ofthe witness, (3) that the laws of the state in which he is requested totestify will give him protection from arrest and the service of civil andcriminal process because of any act committed prior to his arrival in thestate under the order, and (4) that as a practical matter the possibilityis negligible that the witness may be subject to arrest or to the serviceof civil or criminal process in any state through which he will be requiredto pass, the judge shall issue an order, with a copy of the certificateattached, (a) directing the witness to attend and testify, (b) directingthe person having custody of the witness to produce him, in the court wherethe criminal action is pending, or where the grand jury investigation ispending, at a time and place specified in the order, and (c) prescribingsuch conditions as the judge shall determine.
History: L. 1973, ch. 145, § 2; July 1.