§ 40-17-103. Failure of Defendant to Testify
40-17-105. Meeting witnesses face to face — Compulsory process. 40-17-120. Prior statements of witnesses — Requiring production.
§ 40-17-105. Meeting Witnesses Face to Face — Compulsory Process
40-17-120. Prior statements of witnesses — Requiring production.
§ 40-17-201. Short Title
This part shall be known and may be cited as the “Uniform Law to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings.”
§ 40-17-202. Part Definitions
As used in this part, unless the context otherwise requires: “State” includes any territory of the United States and the District of Columbia; “Summons” includes a subpoena, order or other notice requiring the appearance of a witness; and “Witness” includes a person whose testimony is desired in any proceeding or investigation by a grand jury […]
§ 40-17-203. Hearing on Summons of Witness to Testify in Another State
If a judge of a court of record in any state, which by its laws has made provision for commanding persons within that state to attend and testify in this state, certifies under the seal of the court that there is a criminal prosecution pending in the court, or that a grand jury investigation has […]
§ 40-17-204. Issuance of Summons
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 a grand jury investigation in the other state, and that the laws of the state in which the prosecution is […]
§ 40-17-205. Ordering Witness Into Custody
If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness’s attendance in the requesting state, the judge may, in lieu of notification of the hearing, direct that the witness be immediately brought before the judge for the hearing. The judge […]
§ 40-17-206. Penalty for Failure to Obey Summons
If the witness who is summoned as provided in §§ 40-17-203 — 40-17-205, after being paid or tendered, by some properly authorized person, compensation in accordance with title 24, chapter 4 for expenses incurred for each day the witness is required to travel and attend as a witness, fails without good cause to attend and […]
§ 40-17-207. Certificate Recommending Summons of Witness From Another State
If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence in this state, is a material witness in a prosecution pending in a court of record in this state, or […]
§ 40-17-208. Witness Fees — Failure to Testify After Coming Into State
If the witness is summoned to attend and testify in this state, the witness shall be tendered compensation for expenses so incurred in accordance with title 24, chapter 4. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of […]
§ 40-17-209. Immunities of Witnesses Entering or Passing Through State on Summons
If a person comes into this state in obedience to a summons directing the witness to attend and testify in this state, the witness shall not, while in this state pursuant to the summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the witness’s […]
§ 40-17-210. Uniformity of Construction
This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
§ 40-17-211. Prisoners as Witnesses in Criminal Proceedings in a State Other Than That in Which They Are Confined
If a judge of a court of record in any other state, which by its laws has made provision for commanding a prisoner within that state to attend and testify in this state, certifies under the seal of the court that: There is a criminal prosecution pending in that court or that a grand jury […]
§ 40-17-212. Request for Attendance of Federal Prisoner as Witness in State Criminal Proceedings
When a criminal action is pending in a court of record of this state by reason of the filing of an indictment or presentment or by reason of the commencement of a grand jury proceeding or investigation, if: There is reasonable cause to believe that a person confined in a federal prison or other federal […]