O.C.G.A.

O.C.G.A. § 24-13-95 (2019)

Procedure for compelling witness attendance of persons confined in a penal institution out of state in criminal or grand jury proceedings; order of compliance

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) If a person confined in a penal institution in any other state is a material witness in a criminal proceeding pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify that there is a criminal proceeding or investigation by a grand jury or a criminal proceeding pending in the court, that a person who is confined in a penal institution in the other state is a material witness in the proceeding or investigation, and that the witness’s presence will be required during a specified time. The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the confined prisoner, and a notice shall be given to the attorney general of the state in which the prisoner is confined.

(b) The judge of the court in this state may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.

History

Code 1981, § 24-13-95, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 81 Am. Jur. 2d, Witnesses, §§ 4, 34, 35, 39.

C.J.S. 98 C.J.S. (Rev), Witnesses, §§ 20 et seq., 32 et seq.