Summoning witness in this state to testify in another state
Sec. 4. (a) If a judge of a court of record in any state which has
made provision for the commanding of persons within that state to
attend and testify in this state certifies under the seal of the court
that:
(1) there is a criminal prosecution pending in the court, or that
a grand jury investigation has commenced or is about to
commence;
(2) a person being within this state is a material witness in the
prosecution or grand jury investigation; and
(3) the person's presence will be required for a specified number
of days;
upon presentation of the certificate to a judge of a court of record
with jurisdiction to try felony cases in the county in which the person
is located, the 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.
(b) If at the hearing the judge determines that:
(1) the witness is material and necessary;
(2) 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
(3) 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 the person protection from arrest, and
the service of civil and criminal process;
the judge shall issue a subpoena, 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 subpoena. In any hearing the certificate is prima facie evidence
of all the facts stated in it.
(c) If the certificate recommends that the witness be taken into
immediate custody and delivered to an officer of the requesting state
to assure the attendance of the witness in the requesting state, the
judge may, in lieu of notification of the hearing, direct that the
witness be immediately brought before the judge for the hearing. If
the judge is satisfied of the desirability of the custody and delivery,
the judge may, in lieu of issuing a subpoena, order that the witness
be immediately taken into custody and delivered to an officer of the
requesting state. For this determination, the certificate is prima facie
proof of such desirability.
(d) If a witness subpoenaed as provided in this section is paid or
tendered a sum for expenses and fails without good cause to attend
and testify as directed in the subpoena, the witness shall be punished
in the manner provided for the punishment of any witness who
disobeys a subpoena issued from a court of record in this state.
(e) The amount of the payment for expenses under subsection (d)
of this section and section 4(b) of this chapter is set out in
IC 33-37-10-2.
As added by P.L.311-1983, SEC.2. Amended by P.L.171-1984,
SEC.78; P.L.192-1986, SEC.38; P.L.305-1987, SEC.33;
P.L.98-2004, SEC.148.
Last modified: May 24, 2006