MARVIN MANDEL, Governor                                     297

STATE; HEARING.

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 COMMENCED OR IS ABOUT TO
COMMENCE, THAT A PERSON BEING WITHIN THIS STATE IS A
MATERIAL WITNESS IN THE PROSECUTION, OR GRAND JURY
INVESTIGATION, AND THAT HIS PRESENCE WILL BE REQUIRED
FOR A SPECIFIED NUMBER OF DAYS, UPON PRESENTATION OF
THE CERTIFICATE TO ANY JUDGE OF A COURT OF RECORD, IN
THE COUNTY IN WHICH THE PERSON IS, THE JUDGE SHALL FIX
A TIME AND PLACE FOR A HEARING, AND SHALL MAKE AN
ORDER DIRECTING THE WITNESS TO APPEAR AT A TIME AND
PLACE CERTAIN FOR THE HEARING.

(B)   WHEN COURT TO ORDER WITNESS TO ATTEND.

IF AT THE 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 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 WHERE THE PROSECUTION IS PENDING, OR
WHERE A GRAND JURY INVESTIGATION HAS COMMENCED OR IS
ABOUT TO COMMENCE AT A TIME AND PLACE SPECIFIED IN THE
SUMMONS. IN THE HEARING THE CERTIFICATE SHALL BE
PRIMA FACIE EVIDENCE OF ALL THE FACTS STATED THEREIN.

(C)   ARREST OF WITNESS.

IF A CERTIFICATE RECOMMENDS THAT THE WITNESS BE
TAKEN INTO IMMEDIATE CUSTODY AND DELIVERED TO AN
OFFICER OF THE REQUESTING STATE TO ASSURE HIS
ATTENDANCE IN THE REQUESTING STATE, THE JUDGE MAY, IN
LIED OF NOTIFICATION OF THE HEARING, DIRECT THAT THE
WITNESS BE FORTHWITH BROUGHT BEFORE HIM FOR A HEARING;
AND THE JUDGE AT THE HEARING BEING SATISFIED OF THE
DESIRABILITY OF THE CUSTODY AND DELIVERY, FOR WHICH
DETERMINATION THE CERTIFICATE SHALL BE PRIMA FACIE
PROOF OF A DESIRABILITY MAY, IN LIEU OF ISSUING