491.410. Summoning witness in this state to testify in another state.
Summoning witness in this state to testify in another state.
491.410. 1. If a judge of a court of record in any statewhich by its laws has made provision for commanding personswithin that state to attend and testify in this state certifiesunder the seal of such court that there is a criminal prosecutionpending in such court, or that a grand jury investigation hascommenced or is about to commence, that a person being withinthis state is a material witness in such prosecution, or grandjury investigation, and his presence will be required for aspecified number of days, upon presentation of the certificate toany judge of a court of record in the county in which such personis, the judge shall fix a time and place for a hearing, and shallmake an order directing the witness to appear at a time and placecertain for the hearing.
2. If at a hearing the judge determines that the witness ismaterial and necessary, that it will not cause undue hardship tothe witness to be compelled to attend and testify in theprosecution or a grand jury investigation in the other state, andthat the laws of the state in which the prosecution is pending,or grand jury investigation has commenced or is about to commenceand of any other state through which the witnesses may berequired to pass by ordinary course of travel, will give to himprotection from arrest and the service of civil and criminalprocess, he shall issue a summons, with a copy of the certificateattached, directing the witness to attend and testify in thecourt where the prosecution is pending, or where a grand juryinvestigation has commenced or is about to commence at a time andplace specified in the summons. In any such hearing thecertificate shall be prima facie evidence of all the facts statedtherein.
3. If the certificate recommends that the witness be takeninto immediate custody and delivered to an officer of therequesting state to assure his attendance in the requestingstate, the judge may, in lieu of notification of the hearing,direct that the witness be forthwith brought before him for ahearing. If at a hearing the judge determines that the witnessis material and necessary, that it will not cause undue hardshipto the witness to be compelled to attend and testify in theprosecution or grand jury investigation in the other state, andthat the laws of the state in which the prosecution is pending,or grand jury investigation has commenced or is about to commenceand of any other state through which the witness may be requiredto pass by ordinary course of travel, will give to him protectionfrom arrest and service of civil and criminal process, he may, inlieu of issuing subpoena or summons, order that the witness beforthwith taken into custody and delivered to an officer of therequesting state. In any such hearing the certificate shall beprima facie evidence of all the facts stated therein.
4. If the witness, who is summoned as provided in thissection, after being paid or tendered by some properly authorizedperson the sum of ten cents a mile for each mile by the ordinarytraveled route to and from the court where the prosecution ispending and fifteen dollars for each day that he is required totravel and attend as a witness, fails without good cause toattend and testify as directed in the summons, he shall bepunished in the manner provided for the punishment of any witnesswho disobeys a summons issued from a court of record in thisstate.
(L. 1959 H.B. 295 § 3)