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 a criminal prosecution in this state, certifies under the seal of such court that:

Terms Used In North Dakota Code 31-03-25

  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • seal: includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. See North Dakota Code 1-01-38
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

1.    There is a criminal prosecution pending in such court; 2.    A person who is within this state is a material witness in such prosecution; and

3.    The person’s presence will be required for a specified number of days, any judge of a court of record in the county in which such person may be, upon presentation of such certificate, shall fix a time and place for a hearing and shall notify the witness of such time and place.