State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-21 > 77-21-2

77-21-2. Procedure to secure attendance in another state.
If a judge of a court of record in any state, which by its laws has made provisions forcommanding persons within that state to attend and testify in this state, certifies under the seal ofthe court that there is a criminal prosecution pending in the court, or that a grand juryinvestigation has commenced or is about to commence, that a person being within this state is amaterial witness in the prosecution or grand jury investigation and that his presence will berequired for a specified number of days, upon presentation of the certificate to any judge of acourt of record within this state in the county in which the person is found, the judge shall fix atime and place for a hearing and make an order directing the witness to appear at a time and placecertain for the hearing.
If at a hearing the judge determines that the witness is material and necessary, that it willnot cause undue hardship to the witness to be compelled to attend and testify in the prosecution orgrand jury investigation in the other state, and that the laws of the state in which the prosecution ispending, or grand jury investigation has commenced or is about to commence, and of any otherstate through which the witness may be required to pass by ordinary course of travel, will givehim 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 courtwhere the prosecution is pending, or where a grand jury investigation has commenced or is aboutto commence at a time and place specified in the summons. In any such hearing the certificateshall be prima facie evidence of all the facts stated therein.
If the certificate recommends that the witness be taken into immediate custody anddelivered to an officer of the requesting state to assure his attendance in the requesting state, thejudge may, in lieu of notification of the hearing, direct the witness to be immediately broughtbefore him for the hearing, and the judge at the hearing being satisfied of the desirability ofcustody and delivery, for which determination the certificate shall be prima facie proof ofdesirability, may, in lieu of issuing subpoena or summons, order the witness to be immediatelytaken 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 someproperly authorized person the sum of 20 cents a mile for each mile by the ordinary traveled routeto and from the court where the prosecution is pending and $30 for each day he is required totravel and attend as a witness, fails without good cause to attend and testify as directed in thesummons, he shall be punished in the manner provided for the punishment of any witness whodisobeys a summons issued from a court of record in this state.

Enacted by Chapter 15, 1980 General Session