Guam § 164 - Summoning Witness in this State to Testify in Another State.

§ 164. Summoning Witness in this State to Testify in Another State.

(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 his/her 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 (and of any other state through which the

witness may be required to pass by ordinary course of travel), will give to him/her protection from arrest

and the service of civil and criminal process, he/she 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 said certificate recommends that the witness be taken into immediate custody and delivered to

an officer of the requesting state to assure his/her attendance in the requesting state, such judge may, in lieu

of notification of the hearing, direct that such witness be forthwith brought before him/her 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

COL 2024-12-05

FROM WITHOUT A STATE IN CRIMINAL PROCEEDINGS

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 fees and

allowances authorized for witnesses which shall be borne by the party who calls the witness to testify, fails

without good cause to attend and testify as directed in the summons, he/she 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.

2024 NOTE: Subsection designations added pursuant to authority granted by 1 GCA § 1606.