Section 23A-14-21 – Duration of stay required of witness summoned from another state.
23A-14-21. Duration of stay required of witness summoned from another state. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain in this state for a longer period of time than the period mentioned in the certificate, unless otherwise ordered by a court. Source: SL 1933, […]
Section 23A-14-22 – Immunity from process of witness summoned from another state.
23A-14-22. Immunity from process of witness summoned from another state. If a witness comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of civil or criminal process in […]
Section 23A-14-7.1 – Expenses paid for out-of-county or indigent witness produced by state pursuant to subpoena or undertaking.
23A-14-7.1. Expenses paid for out-of-county or indigent witness produced by state pursuant to subpoena or undertaking. When a person attends before a magistrate, grand jury, or court, as a witness on behalf of the state, upon a subpoena or pursuant to an undertaking, and it appears that he has come from a place out of […]
Section 23A-14-9 – (Rule 17(f)(1)) Authority for subpoena for deposition.
23A-14-9.(Rule 17(f)(1)) Authority for subpoena for deposition. An order to take a deposition authorizes the issuance by the clerk of the court for the circuit in which the deposition is to be taken of subpoenas for the persons named or described therein. Source: SL 1978, ch 178, §184.
Section 23A-14-10 – (Rule 17(f)(2)) Place attendance required for deposition.
23A-14-10.(Rule 17(f)(2)) Place attendance required for deposition. The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court, taking into account the convenience of the witness and the parties. Source: SL 1978, ch 178, §185.
Section 23A-14-11 – John Doe subpoena for examination before magistrate–Compelling obedience.
23A-14-11. John Doe subpoena for examination before magistrate–Compelling obedience. Whenever a complaint verified positively or upon information and belief by a prosecuting attorney is laid before a committing magistrate that a criminal offense has been committed in this state and asking for an investigation of the same, such magistrate shall issue his subpoena requiring any […]
Section 23A-14-12 – Advice as to rights given to John Doe witness–Immunity provisions applicable.
23A-14-12. Advice as to rights given to John Doe witness–Immunity provisions applicable. Any witness examined under §23A-14-11 shall be informed that he has a right to be advised by counsel and that he may not be required to make any statement which will incriminate him. The provisions of §23A-14-29 relating to immunity shall apply to […]
Section 23A-14-13 – Record of John Doe testimony–Warrant for arrest of offender.
23A-14-13. Record of John Doe testimony–Warrant for arrest of offender. The testimony of a witness attending pursuant to §23A-14-11 shall be reduced to writing by the committing magistrate or some person under his direction. If the offense complained of appears to have been committed, a warrant for the arrest of the offender shall be issued […]
Section 23A-14-14 – Interstate summons of witnesses–Definition of terms.
23A-14-14. Interstate summons of witnesses–Definition of terms. Terms used in §§23A-14-14 to 23A-14-24, inclusive, mean: (1)”Witness,” a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding; (2)”State,” any state or territory of the United States and the District of Columbia; (3)”Summons,” a […]
Section 23A-14-15 – Hearing on certification from another state as to witness required from this state.
23A-14-15. Hearing on certification from another state as to witness required from this state. If a judge of a court of record in any state which by its laws has made provisions commanding persons within that state to attend and testify in this state, certifies under the seal of such court that there is a […]