TITLE 12
Criminal Procedure

CHAPTER 12-16.1
Uniform Rendition of Prisoners As Witnesses in Criminal Proceeding Act

SECTION 12-16.1-2


§ 12-16.1-2 Summoning witness in this state to testify in another state.

(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:

(1) That there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court;

(2) That a person who is confined in a penal institution in this state may be a material witness in the proceeding, investigation, or action; and

(3) That his or her presence will be required during a specified time.

(b) Upon presentation of the certificate to any judge having jurisdiction over the confined person, and upon notice to the attorney general, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him or her at the hearing.

History of Section.
(P.L. 1970, ch. 4, § 1.)