19-3015. COURT ORDER. If at the hearing the judge determines (1) that the witness may be material and necessary, (2) that his attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness, (3) that the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order, and (4) that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass, the judge shall issue an order, with a copy of the certificate attached, (a) directing the witness to attend and testify, (b) directing the person having custody of the witness to produce him, in the court where the criminal action is pending, or where the grand jury investigation is pending, at a time and place specified in the order, and (c) prescribing such conditions as the judge shall determine.
History:
[19-3015, added 1959, ch. 10, sec. 3, p. 25.]
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.