Title 24, Chapter 10, Section 94
( 24-10-94)
(a) If a person in any state which by its laws has made provision
for commanding persons within its borders to attend and testify in
criminal prosecutions, or grand jury investigations commenced or
about to commence, in this state is a material witness in a
prosecution pending in a court of record in this state or in a grand
jury investigation which has commenced or is about to commence, a
judge of such court may issue a certificate under the seal of the
court stating these facts and specifying the number of days the
witness will be required. The certificate may include a
recommendation that the witness be taken into immediate custody and
delivered to an officer of this state to assure his attendance in
this state. This certificate shall be presented to a judge of a
court of record in the county in which the witness is found. (b) If the witness is summoned to attend and testify in this state,
he shall be tendered 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. A witness who has appeared in
accordance with the provisions of the summons shall not be required
to remain within this state for a longer period of time than the
period mentioned in the certificate, unless otherwise ordered by the
court. If such witness, after coming into this state, 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. |