Michigan Laws 780.114 – Orders directing witness to attend and testify; contents; production of witness
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Terms Used In Michigan Laws 780.114
- Arrest: Taking physical custody of a person by lawful authority.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- State: includes any state of the United States, the district of Columbia, the commonwealth of Puerto Rico, and any territory of the United States. See Michigan Laws 780.112
- Testify: Answer questions in court.
- Witness: means a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in any criminal action before a court. See Michigan Laws 780.112
If at the hearing the judge determines (1) that the witness may be material and necessary, (2) that his 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 is requested to testify will give him 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 will be required to pass, the judge shall issue an order, with a copy of the certificate attached, (a) directing the witness to attend and testify, (b) directing the person having custody of the witness to produce him, 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 (c) prescribing such conditions as the judge shall determine.