650.30 - Securing attendance of prisoner in federal institution as witness in criminal action in the state.

§  650.30    Securing  attendance  of prisoner in federal institution as               witness in criminal action in the state.    1.  When (a) a criminal action is pending in a court of record of this  state by reason of the filing therewith of an accusatory instrument,  or  a  grand jury proceeding has been commenced, and (b) there is reasonable  cause to believe that a person confined in a  federal  prison  or  other  federal   custody,  either  within  or  outside  this  state,  possesses  information material to such criminal action or proceeding, and (c)  the  attendance  of  such person as a witness in such action or proceeding is  desired by a party thereto, a superior court, at  a  term  held  in  the  county  in  which  such  action  or  proceeding  is pending, may issue a  certificate,  known  as  a  writ  of  habeas  corpus  ad  testificandum,  addressed  to  the attorney general of the United States, certifying all  such facts and requesting the attorney general of the United  States  to  cause  the  attendance  of  such person as a witness in such court for a  specified number of days under custody of a federal public servant.    2.  Such a certificate may be issued upon application  of  either  the  people  or  a  defendant,  demonstrating  all  the  facts  specified  in  subdivision one.    3.  Upon issuing such certificate, the court may deliver it, or  cause  or  authorize  it to be delivered, to the attorney general of the United  States or to his representative authorized to entertain the request.