13-4092. Summoning witness in this state to
testify in another state
A. 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 such 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 such certificate to any judge of a court of record in the
county in which such person is, such 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 a
hearing.
B. 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, will give to him protection from arrest and the
service of civil and criminal process, 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.
C. If the 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, such judge may, in lieu of notification of the hearing, direct that
such 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 may, in
lieu of issuing subpoena or summons, order that the witness be forthwith taken into
custody and delivered to an officer of the requesting state.
D. 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 five
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 a witness who disobeys a summons issued from a
court of record in this state.
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