§ 12-16.1-3 - Court order.
SECTION 12-16.1-3
§ 12-16.1-3 Court order. – If at the hearing the judge determines: (1) that the witness may be materialand necessary, (2) that his or her attending and testifying are not adverse tothe interests of this state or to the health or legal rights of the witness,(3) that the laws of the state in which he or she is requested to testify willgive him or her protection from arrest and the service of civil and criminalprocess because of any act committed prior to his arrival in the state underthe order, and (4) that as a practical matter the possibility is negligiblethat the witness may be subject to arrest or to the service of civil orcriminal process in any state through which he or she will be required to pass,the judge shall issue an order with a copy of the certificate attached,directing the witness to attend and testify, directing the person havingcustody of the witness to produce him or her, in the court in which thecriminal action is pending or where the grand jury investigation is pending, ata time and place specified in the order, and prescribing any conditions thatthe judge shall determine.