Oklahoma § 22-722 - Summoning witness in this state to testify in another

§ 22-722. 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 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 protection from arrest

Oklahoma Statutes - Title 22. Criminal Procedure

and the service of civil and criminal process, he 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 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 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

greater of the sum authorized by the law of the state to which the

witness must travel or the sum of fifteen cents ($0.15) a mile for

each mile by the ordinary traveled route to and from the court where

the prosecution is pending and Twelve Dollars ($12.00) for each day,

that he is required to travel and attend as a witness, fails without

good cause to attend and testify as directed in the summons, he

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.

Added by Laws 1949, p. 205, § 2. Amended by Laws 1994, c. 229, § 2,

eff. Sept. 1, 1994.