23A-14A-3 Issuance of order to attend.
Issuance of order to attend.
If at the hearing the judge determines:
That the witness may be material and necessary;
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;
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
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.
SL 2002, ch 119, § 3.