23A-14A-3.   Issuance of order to attend. If at the hearing the judge determines:

             (1)      That the witness may be material and necessary;

             (2)      That the witness's attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness;

             (3)      That the laws of the state in which the witness is required to testify will give the witness protection from arrest and the service of civil and criminal process because of any act committed prior to the witness's arrival in the state under the order; and

             (4)      That as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which the witness may pass; the judge shall issue an order, with a copy of the certificate attached, directing the witness to attend and testify, directing the person having custody of the witness to produce the witness in the court where the criminal action is pending, or where the grand jury investigation is pending, at a time and place specified in the order, and prescribing such conditions as the judge shall determine.

Source: SL 2002, ch 119, § 3.

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