§836-2  Summoning witness in this State to
testify in another state.  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 the person's 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 judicial district 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 the hearing.



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, and of any other state through which the witness may be
required to pass by ordinary course of travel, will give to the witness
protection from arrest and the service of civil and criminal process, the judge
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.



If said certificate recommends that the witness
be taken into immediate custody and delivered to an officer of the requesting
state to assure the witness' attendance in the requesting state, such judge
may, in lieu of notification of the hearing, direct that such witness be
forthwith brought before the judge for said 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 said
witness be forthwith taken into custody and delivered to an officer of the
requesting state.



If the witness, who is summoned as above
provided, after being paid or tendered by some properly authorized person a sum
equivalent to the cost of round-trip air fare to the place where the
prosecution is pending and $30 for each day, that the witness is required to
travel and attend as a witness, fails without good cause to attend and testify
as directed in the summons, the witness shall be punished in the manner
provided for the punishment of any witness who disobeys a summons issued from a
court of record in this State. [L 1971, c 116, §2; HRS §719-2; ren L 1972, c 9,
pt of §1; gen ch 1985]