Title 24, Chapter 10, Section 92
( 24-10-92)
(a) If a judge of a court of record in any state which by its laws
has made provision for commanding persons within that state to
attend and testify in this state certifies under the seal of such
court that there is a criminal prosecution pending in such court or
that a grand jury investigation has commenced or is about to
commence, that a person within this state is a material witness in
such prosecution or grand jury investigation, and that his presence
will be required for a specified number of days, upon presentation
of such certificate to any judge of a court of record in the county
in which the person is found, such judge shall fix a time and place
for a hearing and shall make an order directing the witness to
appear at a time and place certain for the hearing. The witness
shall at all times be entitled to counsel. (b) If at a hearing the judge determines that the witness is
material and necessary, that it will not cause undue hardship to the
witness to be compelled to attend and testify in the prosecution or
a grand jury investigation in the other state, and the laws of the
state in which the prosecution is pending, or grand jury
investigation has commenced or is about to commence, will give to
him protection from arrest and the service of civil and criminal
process, he shall issue a summons, with a copy of the certificate
attached, directing the witness to attend and testify in the court
where the prosecution is pending or, where a grand jury
investigation has commenced or is about to commence, at a time and
place specified in the summons. In any such hearing the certificate
shall be prima-facie evidence of all the facts stated therein. (c) If such certificate recommends that the witness be taken into
immediate custody and delivered to an officer of the requesting
state to assure his attendance in the requesting state, such judge
may, in lieu of notification of the hearing, direct that the witness
be forthwith brought before him for the hearing; and the judge at
the hearing being satisfied of the desirability of such custody and
delivery, for which determination the certificate shall be
prima-facie proof of such desirability, may, in lieu of issuing
subpoena or summons, order that the witness be forthwith taken into
custody and delivered to an officer of the requesting state. (d) If the witness, who is summoned as above provided, after being
paid or tendered by some properly authorized person the sum of 12¢ a
mile for each mile by the ordinarily traveled route to and from the
court where the prosecution is pending and $25.00 for each day that
he is required to travel and attend as a witness, fails without good
cause to attend and testify as directed in the summons, he shall be
punished in the manner provided for the punishment of any witness
who disobeys a summons issued from a court of record in this state. |