Page:United States Statutes at Large Volume 76A.djvu/622

–526– -526Subchapter V—Securing the Attendance of Witnesses from Without a State in Criminal Proceedings § 4331. Definitions As used in this subchaptei-: "witness" includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding; "State" includes any territory of the United States, the Canal Zone, the District of Columbia, and the Commonwealth of Puerto Rico; and "summons" includes a subpoena, order or other notice requiring the appearance of a witness. § 4332. Summoning witness in Canal Zone to testify in another State 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 the Canal Zone certifies under the seal of the court that there is a criminal prosecution pending in that court, or that a grand jury investigation has commenced or is about to commence, that a person being within the Canal Zone is a material witness in the prosecution or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of the certificate to the judge of the district court, the 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. 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 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 such a hearing the certificate IS prima facie evidence of all the facts stated therein. If the 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, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before him for the hearing; and the judge at the hearing being satisfied of the desirability of the 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. If a witness, who is summoned as above provided, after being paid or tendered by a properly authorized person the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars 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 the district court.

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