§ 640.10 Securing attendance of witnesses from within and without the\n state in criminal proceedings.\n 1. As used in this section the following words shall have the\nfollowing meanings unless the context requires otherwise.\n "Witness" shall include a person whose testimony is desired in any\nproceeding or investigation by a grand jury or in a criminal action,\nprosecution or proceeding.\n "State" shall include any territory of the United States and the\nDistrict of Columbia.\n "Subpoena" shall include a summons in any state where a summons is\nused in lieu of a subpoena.\n 2. Subpoenaing witness in this state to testify in another state. If a\njudge of a court of record in any state which by its laws has made\nprovision for commanding persons within that state to attend and testify\nin this state certifies under the seal of such court that there is a\ncriminal prosecution pending in such court, or that a grand jury\ninvestigation has commenced or is about to commence, that a person being\nwithin this state is a material witness in such prosecution, or grand\njury investigation, and that his presence will be required for a\nspecified number of days, upon presentation of such certificate to a\njustice of the supreme court or a county judge in the county in which\nsuch person is, such justice or judge shall fix a time and place for a\nhearing, and shall make an order directing the witness to appear at a\ntime and place certain for the hearing.\n If at such hearing the justice or judge determines that the witness is\nmaterial and necessary, that it will not cause undue hardship to the\nwitness to be compelled to attend and testify in the prosecution or a\ngrand jury investigation in the other state, and that the laws of the\nstate in which the prosecution is pending, or grand jury investigation\nhas commenced or is about to commence, will give to him protection from\narrest and the service of civil and criminal process, he shall issue a\nsubpoena, with a copy of the certificate attached, directing the witness\nto attend and testify in the court where the prosecution is pending, or\nwhere a grand jury investigation has commenced or is about to commence\nat a time and place specified in the subpoena. In any such hearing the\ncertificate shall be prima facie evidence of all the facts stated\ntherein.\n If said certificate recommends that the witness be taken into\nimmediate custody and delivered to an officer of the requesting state to\nassure his attendance in the requesting state such justice or judge may,\nin lieu of notification of the hearing, direct that such witness be\nforthwith brought before him for said hearing; and the justice or judge\nat the hearing being satisfied of the desirability of such custody and\ndelivery, for which determination the certificate shall be prima facie\nproof of such desirability may, in lieu of issuing subpoena, order that\nsaid witness be forthwith taken into custody and delivered to an officer\nof the requesting state.\n If the witness, who is subpoenaed as above provided, after being paid\nor tendered by some properly authorized person the sum of ten cents a\nmile for each mile and five dollars for each day that he is required to\ntravel and attend as a witness fails without good cause to attend and\ntestify as directed in the subpoena, he shall be punished in the manner\nprovided for the punishment of any witness who disobeys a subpoena\nissued from a court of record in this state.\n 3. Witness from another state subpoenaed to testify in this state. If\na person in any state, which by its laws has made provision for\ncommanding persons within its borders to attend and testify in criminal\nprosecutions, or grand jury investigations commenced or about to\ncommence, in this state, is a material witness in a prosecution pending\nin a court of record in this state, or in a grand jury investigation\nwhich has commenced or is about to commence, a judge of such court may\nissu
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.