If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for the hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, may, in lieu of issuing subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.

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Terms Used In Virginia Code 19.2-275

  • Judge: means any judge, associate judge or substitute judge of any court or any magistrate. See Virginia Code 19.2-5
  • state: shall include any territory of the United States and the District of Columbia. See Virginia Code 19.2-272
  • Subpoena: A command to a witness to appear and give testimony.
  • Witness: as used in this article shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. See Virginia Code 19.2-272

Code 1950, § 19.1-272; 1960, c. 366; 1975, c. 495.