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 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 in which the prosecution is pending or in which 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.
HISTORY: 1962 Code Section 26-304; 1952 Code Section 26-304; 1948 (45) 1810.
Structure South Carolina Code of Laws
Section 19-9-30. Holding of hearing when resident is wanted as witness in another state.
Section 19-9-40. Ordering resident witness to attend out-of-state proceedings.
Section 19-9-50. Delivery of witness to custody of officer of requesting state.
Section 19-9-60. Penalty for failure to attend as witness out of state.
Section 19-9-70. Request by this State for witness from reciprocating state.
Section 19-9-80. Costs and fees paid to nonresident witness.
Section 19-9-90. Limit on time nonresident witness may be kept in State.
Section 19-9-100. Penalty for failure to attend as witness in this State.
Section 19-9-110. Nonresident witness shall not be subject to arrest or service of process.