West Virginia Code
1 - PRELIMINARY PROCEDURE
1A - SEARCH AND SEIZURE
1B - DISCOVERY
1C - BAIL
1D - WIRETAPPING AND ELECTRONIC SUR
1E - EYEWITNESS IDENTIFICATION ACT
1F - ELECTRONIC INTERCEPTION OF PER
1G - SUBPOENA POWERS FOR AID OF CRI
2 - PRESENTMENTS AND INDICTMENTS
3 - TRIAL OF CRIMINAL CASES
4 - RECOVERY OF FINES IN CRIMINAL C
5 - COSTS IN CRIMINAL CASES
6 - MISCELLANEOUS PROVISIONS CONCER
6A - SECURING ATTENDANCE OF NONRESI
62 - 6 A- 1
62 - 6 A- 2
62 - 6 A- 3
62 - 6 A- 4
62 - 6 A- 5
62 - 6 A- 6
6B - PROTECTION AND PRESERVATION OF
7 - EXECUTION OF SENTENCES; STAYS
8 - CRIMES BY AND PROCEEDINGS AGAIN
9 - FORMS OF INDICTMENTS
10 - PREVENTION OF CRIME
11 - FRESH PURSUIT
11A - RELEASE FOR WORK AND OTHER P
11B - HOME INCARCERATION ACT
11C - THE WEST VIRGINIA COMMUNITY
11D - HEIGHTENED EXAMINATION AND S
11E - SEXUALLY VIOLENT PREDATOR MA
11F - PRETRIAL RELEASE PROGRAMS
12 - PROBATION AND PAROLE
13 - CORRECTIONS MANAGEMENT
14 - AGREEMENT ON DETAINERS
15 - DRUG OFFENDER ACCOUNTABILITY
15A - ADDICTION TREATMENT PILOT PR
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 6A. SECURING ATTENDANCE OF NONRESIDENT WITNESSES.
"Witness" as used in this article shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
The word "state" shall include any territory of the United States, and the District of Columbia.
The word "summons" shall include a subpoena, order or other notice requiring the appearance of a witness.
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 such court that there is a criminal prosecution pending in such 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 such prosecution, or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such 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.
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 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 any such hearing the certificate shall be prima facie evidence of all the facts stated therein.
If said certificate recommends that the witness be taken into immediate custody and delivered to any officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state.
If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 10¢ a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day, that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
If a person in any state, which by its laws has made provisions 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 in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating the facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
If the witness is summoned to attend and testify in this state he shall be tendered the sum of 10¢ a mile for each mile by the ordinary travel route to and from the court where the prosecution is pending, and $5 for each day that he is required to travel and attend as a witness. 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 time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for in the punishment of any witness who disobeys a summons issued from a court of record in this state.
If a person 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 process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
This article may be cited as "Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings."