77-21-3 - Procedure to secure attendance of witness from without state.
77-21-3. Procedure to secure attendance of witness from without state.
If a person in any state, which by its laws has made provision for commanding personswithin its borders to attend and testify in criminal prosecutions, or grand jury investigationscommenced or about to commence, in this state, is a material witness in a prosecution pending ina court of record in this state, or in a grand jury investigation which has commenced or is about tocommence, a judge of the court may issue a certificate under the seal of the court stating thesefacts and specifying the number of days the witness will be required. The certificate may includea recommendation that the witness be taken into immediate custody and delivered to an officer ofthis state to assure his attendance in this state. This certificate shall be presented to a judge of acourt of record in the county in which the witness is found.
If the witness is summoned to attend and testify in this state he shall be tendered such sumas may be required by the laws of the state in which the witness is found, not exceeding the sumof 20 cents a mile for each mile by the ordinary traveled route to and from the court where theprosecution is pending and $30 for each day that he is required to travel and attend as a witness.A witness who has appeared in accordance with the provisions of the summons shall not berequired to remain within this state a longer period of time than the period mentioned in thecertificate unless otherwise ordered by the court. If the witness, after coming into this state, failswithout good cause to attend and testify as directed in the summons, he shall be punished in themanner provided for the punishment of any witness who disobeys a summons issued from a courtof record in this state.
Enacted by Chapter 15, 1980 General Session