77-33-2 - Summoning prisoner in this state to testify in another state -- Certificate of out-of-state judge.
77-33-2. Summoning prisoner in this state to testify in another state -- Certificateof out-of-state judge.
A judge of a state court of record in another state, which by its laws has made provisionfor commanding persons confined in penal institutions within that state to attend and testify in thisstate, may certify (1) that there is a criminal proceeding or investigation by a grand jury or acriminal action pending in the court, (2) that a person who is confined in a penal institution in thisstate may be a material witness in the proceeding, investigation, or action, and (3) that hispresence will be required during a specified time. Upon presentation of the certificate to anyjudge having jurisdiction over the person confined, and upon notice to the attorney general, thejudge in this state shall fix a time and place for a hearing and shall make an order directed to theperson having custody of the prisoner requiring that the prisoner be produced before him at thehearing.
Enacted by Chapter 15, 1980 General Session