Nevada § 174.415 - Summoning witness in this State to testify in another state

§ 174.415. Summoning witness in this State to testify in another state

1. 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. 2. 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 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. 3. If the certificate recommends that the witness be taken into immediate custody

and delivered to an officer of the requesting state to assure the witness’s 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 hearings; 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. 4. If the witness, who is summoned as above provided, after being paid or tendered

by some properly authorized person the amount required by NRS 50.225 for subsistence and travel expenses, 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.