If at such 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 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, 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.
Code 1950, § 19.1-271; 1960, c. 366; 1975, c. 495.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 16 - Evidence and Witnesses
§ 19.2-267.1. Authority of law-enforcement officer to issue summons to witness; failure to appear
§ 19.2-267.2. Response to subpoena for information stored in electronic format
§ 19.2-268. Right of accused to testify
§ 19.2-268.3. Admissibility of statements by children in certain cases
§ 19.2-269. Convicts as witnesses (Supreme Court Rule 2:609 derived from this section)
§ 19.2-269.1. Inmates as witnesses in criminal cases
§ 19.2-269.2. Nondisclosure of addresses or telephone numbers of crime victims and witnesses
§ 19.2-270. When statement by accused as witness not received as evidence
§ 19.2-270.1. Use of photographs as evidence in certain larceny and burglary prosecutions
§ 19.2-270.1:1. Computer and electronic data in obscenity, etc. cases; access to defendant
§ 19.2-270.3. Admissible evidence as to identity of party presenting bad check, draft or order
§ 19.2-270.4. When donation, destruction, or return of exhibits received in evidence authorized
§ 19.2-270.4:1. Storage, preservation and retention of human biological evidence in felony cases
§ 19.2-270.5. DNA profile admissible in criminal proceeding
§ 19.2-271.1. Competency of spouses to testify
§ 19.2-271.4. Privileged communications by certain public safety personnel
§ 19.2-271.5. Protected information; newspersons engaged in journalism
§ 19.2-271.6. Evidence of defendant's mental condition admissible; notice to Commonwealth
§ 19.2-273. Certificate that witness is needed in another state; hearing
§ 19.2-274. When court to order witness to attend
§ 19.2-276. Penalty for failure to attend and testify
§ 19.2-277. Summoning witnesses in another state to testify in this Commonwealth
§ 19.2-279. Penalty for failure of such witnesses to testify
§ 19.2-280. Exemption of such witnesses from arrest or service of process