19-3012. PRODUCTION OF IMPRISONED WITNESS — PROCEDURE. When the testimony of a material witness for the people is required in a criminal action before a court of record of this state, and such witness is a prisoner in the state prison or in a county jail, an order for his temporary removal from such prison or jail, and for his production before such court, may be made by the court in which the action is pending, or by a judge thereof; but in case the prison or jail is out of the county in which the application is made, such order can only be made upon the affidavit of the prosecuting attorney or other person on behalf of the people showing that the testimony is material and necessary; and even then the granting of the order is in the discretion of the court or judge. The order must be executed by the sheriff of the county in which it is made, whose duty it is to bring the prisoner before the proper court, to safely keep him, and when he is no longer required as a witness, to return him to the prison or jail whence he was taken. The expense of executing such order must be paid by the county in which the order is made.
History:
[(19-3012) R.S., R.C., & C.L., sec. 8155; C.S., sec. 9139; I.C.A., sec. 19-2911.]
Structure Idaho Code
Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS
Section 19-3001 - RULES FOR DETERMINING COMPETENCY.
Section 19-3002 - HUSBAND AND WIFE AS WITNESSES.
Section 19-3003 - DEFENDANT NOT OBLIGED TO TESTIFY.
Section 19-3004 - COMPELLING ATTENDANCE OF WITNESS — SUBPOENA AND HOW ISSUED.
Section 19-3004A - ADMINISTRATIVE SUBPOENA — ELECTRONIC COMMUNICATION AND REMOTE COMPUTING SERVICES.
Section 19-3005 - UNIFORM ACT TO SECURE ATTENDANCE OF WITNESSES.
Section 19-3006 - FORM OF SUBPOENA.
Section 19-3007 - SERVICE OF SUBPOENA.
Section 19-3007A - SERVICE OF SUBPOENA BY MAIL OR MESSENGER.
Section 19-3008 - FEES AND MILEAGE OF WITNESSES.
Section 19-3010 - DISOBEDIENCE TO SUBPOENA.
Section 19-3011 - FORFEITURE OF UNDERTAKING OF WITNESS.
Section 19-3012 - PRODUCTION OF IMPRISONED WITNESS — PROCEDURE.
Section 19-3013 - DEFINITIONS.
Section 19-3014 - SUMMONING WITNESS IN THIS STATE TO TESTIFY IN ANOTHER STATE.
Section 19-3015 - COURT ORDER.
Section 19-3016 - TERMS AND CONDITIONS.
Section 19-3018 - PRISONER FROM ANOTHER STATE SUMMONED TO TESTIFY IN THIS STATE.
Section 19-3020 - EXEMPTION FROM ARREST AND SERVICE OF PROCESS.
Section 19-3021 - UNIFORMITY OF INTERPRETATION.
Section 19-3022 - SHORT TITLE.
Section 19-3023 - CHILD SUMMONED AS WITNESS.
Section 19-3024 - STATEMENTS BY CHILD.
Section 19-3025 - WITNESS PSYCHIATRIC, PSYCHOLOGICAL EXAMINATION.