South Carolina Code 19-9-40. Ordering resident witness to attend out-of-state proceedings
Current as of: 2023 | Check for updates
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Terms Used In South Carolina Code 19-9-40
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- state: shall include any territory of the United States and the District of Columbia. See South Carolina Code 19-9-20
- summons: shall include a subpoena, order or other notice requiring the appearance of a witness. See South Carolina Code 19-9-20
- Summons: Another word for subpoena used by the criminal justice system.
- Testify: Answer questions in court.
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 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 in which the prosecution is pending or in which 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.