819A.2  Testimony of in-state witness in out-of-state proceeding.

1.  A judge of a court of record in another state, which has enacted a law that requires persons confined in penal institutions within that state to appear and testify in this state, may certify to the district court in the county in this state in which the witness is confined, as follows:

a.  That a criminal proceeding is pending or before a court in the other state.

b.  That a person who is confined in a penal institution in this state may be a material witness in the criminal proceeding.

c.  That the person's appearance and testimony will be required at a specified time or during a specified time period.

2.  Upon the filing of the certification, the district court shall set the matter for hearing and shall direct the person having custody of the witness to produce the witness at the hearing. The clerk of the district court shall send copies of the order for hearing, together with a copy of the certification, to the attorney general, the person having custody of the witness, and the witness.

Section History: Recent form

  95 Acts, ch 88, §2


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