§ 35-37-5-7 — Federal prisoner summoned to testify in this state

Indiana § 35-37-5-7

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

Text

When:
(1) a criminal action is pending in a court of record of this state by
reason of an indictment or affidavit, or by reason of the
commencement of a grand jury proceeding or investigation;
(2) there is reasonable cause to believe that a person confined in
a federal prison or other federal custody, either within or outside
this state, possesses information material to such criminal action;
and
(3) the attendance of such person as a witness in such action is
desired by a party;
the court may issue a certificate, known as a writ of habeas corpus ad
testificandum, addressed to the attorney general of the United States,
certifying all such facts and requesting the attorney general of the
United States to cause the attendance of such person as a witness in
such court for a specified number of days. Such a certificate may be
issued upon application of either the state or a defendant demonstrating
all facts specified in subdivision (1). Upon issuing such a certificate,
the court may deliver it, or cause or authorize it to be delivered, to the
attorney general of the United States or to his representative authorized
to entertain the request.

Legislative History

As added by P.L.311-1983, SEC.2.