§ 12-16-4. Issuance of summons to appear in another state.
If at a hearing the judge determines: (1) that the witness is material and necessary, (2) 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 (3) that the laws of the state in which the prosecution is pending or grand jury investigation has commenced or is about to commence will give to him or her 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 hearing the certificate shall be prima facie evidence of all the facts stated in it.
History of Section.P.L. 1936, ch. 2382, § 2; G.L. 1938, ch. 626, § 2; G.L. 1956, § 12-16-4.
Structure Rhode Island General Laws
Chapter 12-16 - Attendance of Witnesses from Without State
Section 12-16-1. - Short title.
Section 12-16-2. - Definitions.
Section 12-16-3. - Certification by foreign judge as to witness from this state.
Section 12-16-4. - Issuance of summons to appear in another state.
Section 12-16-5. - Taking into custody and delivery of witness.
Section 12-16-6. - Punishment for disobedience of summons.
Section 12-16-7. - Certificate to summon witness from another state.
Section 12-16-8. - Receiving custody of witness from another state.
Section 12-16-9. - Fees tendered — Duration of attendance required — Failure to testify.
Section 12-16-10. - Exemption from process of witnesses entering state.
Section 12-16-11. - Exemption from process of witnesses passing through state.