22-4202. Summoning witness in this state to testify in another state.
22-4202
22-4202. Summoning witness in this state to testify in another state. If a judge of a court of record in any state which by its laws has madeprovision for commanding persons within that state to attend and testify inthis state certifies under the seal of such court that there is a criminalprosecution pending in such court, or that a grand jury investigation hascommenced or is about to commence, that a person being within this state isa material witness in such prosecution, or grand jury investigation, andthat his presence will be required for a specified number of days, uponpresentation of such certificate to any judge of a court of record in thecounty in which such person is, such judge shall fix a time and place for ahearing, and shall make an order directing the witness to appear at a timeand place certain for the hearing.
If at a hearing the judge determines that the witness is material andnecessary, that it will not cause undue hardship to the witness to becompelled to attend and testify in the prosecution or a grand juryinvestigation in the other state, and that the laws of the state in whichthe prosecution is pending, or grand jury investigation has commenced or isabout to commence, and of any other state through which the witness may berequired to pass by ordinary course of travel, will give to him protectionfrom arrest and the service of civil and criminal process, he shall issue asummons, with a copy of the certificate attached, directing the witness toattend and testify in the court where the prosecution is pending, or wherea grand jury investigation has commenced or is about to commence at a timeand place specified in the summons.
In any such hearing the certificate shall be prima facie evidence of allthe facts stated therein. If said certificate recommends that the witnessbe taken into immediate custody and delivered to an officer of therequesting state to assure his attendance in the requesting state, suchjudge may, in lieu of notification of the hearing, direct that such witnessbe forthwith brought before him for said hearing; and the judge at thehearing being satisfied of the desirability of such custody and delivery,for which determination the certificate shall be prima facie proof of suchdesirability, may, in lieu of issuing subpoena or summons, order that saidwitness be forthwith taken into custody and delivered to an officer of therequesting state.
If the witness, who is summoned as above provided, after being paid ortendered by some properly authorized person the sum of ten cents a mile foreach mile by the ordinary traveled route to and from the court where theprosecution is pending and five dollars for each day, that he is requiredto travel and attend as a witness, fails without good cause to attend andtestify as directed in the summons, he shall be punished in the mannerprovided for the punishment of any witness who disobeys a summons issuedfrom a court of record in this state.
History: L. 1970, ch. 129, § 22-4202; July 1.