19.2-274 - When court to order witness to attend. - Virginia Statutes

§ 19.2-274. When court to order witness to attend.

If at such hearing the judge determines that the witness is material andnecessary, that it will not cause undue hardship to the witness to becompelled to attend and testify in the prosecution or grand juryinvestigation in the other state and that the laws of the state in which theprosecution is pending, or grand jury investigation has commenced or is aboutto commence (and of any other state through which the witness may be requiredto pass by ordinary course of travel) will give to him protection from arrestand the service of civil and criminal process, the judge shall issue asummons, with a copy of the certificate attached, directing the witness toattend and testify in the court where the prosecution is pending, or where agrand jury investigation has commenced or is about to commence at a time andplace specified in the summons. In any such hearing the certificate shall beprima facie evidence of all the facts stated therein.

(Code 1950, § 19.1-271; 1960, c. 366; 1975, c. 495.)