Terms Used In Tennessee Code 40-17-205

  • State: includes any territory of the United States and the District of Columbia. See Tennessee Code 40-17-202
  • Subpoena: A command to a witness to appear and give testimony.
  • Witness: includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. See Tennessee Code 40-17-202

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 at the hearing, being satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof, may, in lieu of issuing a subpoena or summons, order that the witness be taken into custody immediately and delivered to an officer of the requesting state.