§ 16-9-202 — Summoning witness to testify in another state

Colorado § 16-9-202

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Preparation for Trial

Text

(1) 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 the 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
being 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 the certificate to any judge of a court of record in the county
in which such person is, the 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.

(2) 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 that the laws of the state in which the prosecution is pending or grand jury
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 in
connection with matters which arose before his entering into that state under the
summons, 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.

(3) If said 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, the 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, in
lieu of issuing subpoena or summons, shall order that said witness be forthwith
taken into custody and delivered to an officer of the requesting state.

(4) If the witness, who is summoned as above provided, after being paid or
tendered by some properly authorized person the sum of ten cents a mile for each
mile by the ordinary traveled route to and from the court where the prosecution is
pending and twenty dollars 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.

Legislative History

Source: L. 72: R&RE, p. 233, � 1. C.R.S. 1963: � 39-9-201.