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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 judge of the court may certify:

  1. (1) That there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court;

  2. (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. (3) That his 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.