If at the hearing the judge determines: (1) that the witness may be material and
necessary, (2) that his or her 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 he or she is requested to testify will give him or her protection
from arrest and the service of civil and criminal process because of any act committed
prior to his 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 he or she will be
required to 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 him or her, in the court in which the criminal action is pending
or where the grand jury investigation is pending, at a time and place specified in
the order, and prescribing any conditions that the judge shall determine.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.