Delaware Code § 11-3522

Testimony in another state
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(a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend
and testify in this State certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand
jury investigation has commenced or is about to commence, that a person being within this State is a material witness in such prosecution
or grand jury investigation, and that the person's presence will be required for a specified number of days, upon presentation of such
certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and
shall make an order directing the witness to appear at a time and place certain for the hearing.
(b) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness
to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state and that the laws of the state in
which the prosecution is pending or grand jury investigation has commenced or is about to commence will give to 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 or where a grand jury investigation has commenced or is
about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of
all the facts stated therein.
(c) If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state
to assure attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith
brought before the judge for said 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 said witness be forthwith taken into custody and delivered to an officer of the requesting state.
(d) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of
10 cents a mile for each mile by the ordinarily traveled route to and from the court where the prosecution is pending and $5 for each day
that the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons,
the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court
of record in this State.

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