§ 16-43-402 — Attendance in another state

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 or criminal proceeding pending in such court, or that a grand jury or prosecuting attorney's investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution or proceeding or grand jury or prosecuting attorney's investigation, and that his presence will be required for a specified number of days, and upon presentation of such certificate to any judge of a court of record in the county in which such person is, 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. 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 proceeding or a grand jury or prosecuting attorney's investigation in the other state, and that the laws of the state in which the prosecution or proceeding is pending, or grand jury or prosecuting attorney's investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel 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 or proceeding is pending, or where a grand jury or prosecuting attorney's 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. If the 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 such 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. If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of twelve cents (12¢) a mile for each mile by the ordinary traveled route or the actual expense of travel, lodging, and meals to and from the court where the prosecution or proceeding is pending or the grand jury or prosecuting attorney's investigation is being conducted and twenty-five dollars ($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. As used in this subchapter, "prosecuting attorney's investigation" shall mean any investigation conducted by a prosecuting attorney in another state under a law substantially similar to § 16-43-212 .

Legislative History

Acts 1935, No. 65, § 1; Pope's Dig., § 3942; 1977, No. 453, § 1; A.S.A. 1947, § 43-2005.