North Dakota Code 31-03-26 – Summons issued to compel witness to appear in another state
If at the hearing on a certificate to secure the attendance of a person within this state as a material witness in a criminal prosecution in another state, the judge determines that:
Terms Used In North Dakota Code 31-03-26
- Arrest: Taking physical custody of a person by lawful authority.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Summons: Another word for subpoena used by the criminal justice system.
- Testify: Answer questions in court.
- Testify: includes every mode of oral statement under oath or affirmation. See North Dakota Code 1-01-49
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 in the other state; and
3. The laws of the state in which the prosecution is pending and of any other state through which the witness may be required to pass by ordinary course of travel will give the witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending at a time and place specified in the summons.