§ 31-01-14 — Places where persons may be compelled to attend as witnesses in criminal matters

matters.
No person is obliged to attend as a witness in a criminal action or proceeding in this state
before a court or magistrate outside of the county in which the person resides or is served with
the subpoena, unless the committing magistrate before whom the defendant is brought, or the
judge of the court in which the offense is triable, or a judge of the district court, or a judge of the
supreme court, upon an affidavit of the state's attorney or prosecutor, or of the defendant, or the
defendant's counsel, stating that the affiant believes the evidence of the witness is material, and
the witness's attendance at the examination or trial necessary, shall endorse upon the subpoena
an order for the attendance of the witness.