§ 35-37-5-4 — Summoning witness in this state to testify in another state

Indiana § 35-37-5-4

• Jurisdiction: Indiana
• Art. 37: TRIAL PROCEDURE
• Ch. 5: Uniform Act to Secure the Attendance of Witnesses

Text

(a) If a judge of a court of record in any state
which has made provision for the commanding of persons within that
state to attend and testify in this state certifies under the seal of the
court that:
(1) there is a criminal prosecution pending in the court, or that a
grand jury investigation has commenced or is about to commence;
(2) a person being within this state is a material witness in the
prosecution or grand jury investigation; and
(3) the person's presence will be required for a specified number
of days;
upon presentation of the certificate to a judge of a court of record with
jurisdiction to try felony cases in the county in which the person is
located, 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.
(b) If at the hearing the judge determines that:
(1) the witness is material and necessary;
(2) 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
(3) 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 the person protection from arrest, and the service of
civil and criminal process;
the judge shall issue a subpoena, 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 subpoena. In any hearing the certificate is prima facie evidence of
all the facts stated in it.
(c) If the certificate recommends that the witness be taken into
immediate custody and delivered to an officer of the requesting state
to assure the attendance of the witness in the requesting state, the judge
may, in lieu of notification of the hearing, direct that the witness be
immediately brought before the judge for the hearing. If the judge is
satisfied of the desirability of the custody and delivery, the judge may,
in lieu of issuing a subpoena, order that the witness be immediately
taken into custody and delivered to an officer of the requesting state.
For this determination, the certificate is prima facie proof of such
desirability.
(d) If a witness subpoenaed as provided in this section is paid or
tendered a sum for expenses and fails without good cause to attend and
testify as directed in the subpoena, the witness shall be punished in the
manner provided for the punishment of any witness who disobeys a
subpoena issued from a court of record in this state.
(e) The amount of the payment for expenses under subsection (d) of
this section and section 4(b) of this chapter is set out in IC 33-37-10-2.

Legislative History

As added by P.L.311-1983, SEC.2. Amended by P.L.171-1984, SEC.78; P.L.192-1986, SEC.38; P.L.305-1987, SEC.33; P.L.98-2004, SEC.148.