Certificate from another state to compel witness to appear and testify - Notice, order and hearings.

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A. A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify as follows:

1. There is a criminal proceeding or investigation by a grand jury or other criminal proceeding pending in the court;

2. A person who is confined in a penal institution in this state may be a material witness in the proceeding; and

3. His presence will be required during a specified time.

B. Upon presentation of the certificate to any judge having jurisdiction over the person confined and on notice to the attorney general, the judge in this state shall:

1. Fix a time and place for a hearing; and

2. Enter an order directing the person having custody of the prisoner to produce the prisoner at the hearing.

Added by Laws 1989, c. 100, § 3, eff. Nov. 1, 1989.


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