23A-14A-6. Prisoner from another state summoned to testify in this state--Certificate.
If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a circuit court judge or magistrate may certify:
(1)That there is a criminal proceeding or investigation by a grand jury or a criminal action pending in this court;
(2)That a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation, or action; and
(3)That the person's presence will be required during a specified time.
The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the attorney general of the state in which the prisoner is confined.
Source: SL 2002, ch 119, §6.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 14A - Uniform Rendition Of Prisoners As Witnesses In Criminal Proceedings Act
Section 23A-14A-1 - Definitions.
Section 23A-14A-3 - Issuance of order to attend.
Section 23A-14A-4 - Terms and conditions for return, custody--Costs.
Section 23A-14A-5 - Exceptions.
Section 23A-14A-6 - Prisoner from another state summoned to testify in this state--Certificate.
Section 23A-14A-7 - Order of compliance with terms and conditions prescribed by out-of-state judge.
Section 23A-14A-8 - Exemption of prisoner from another state from arrest or service of process.