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§ 5975. Court order

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial Procedure

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VI. Actions, Proceedings and Other Matters Generally
Chapter 59. Depositions and Witnesses (Refs & Annos)
Subchapter C. Rendition of Prisoners as Witnesses in Criminal Proceedings (Refs & Annos)
42 Pa.C.S.A. § 5975
§ 5975. Court order
Currentness
(a) General rule.--If at the hearing the court determines:
(1) that the witness may be material and necessary;
(2) that his attending and testifying are not adverse to the interests of this Commonwealth or to the health or legal rights of the witness;
(3) that the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order; and
(4) that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass;
the court shall issue an order as provided in subsection (b).
(b) Contents of order.--The order issued under subsection (a) shall have a copy of the certificate attached and shall contain language:
(1) directing the witness to attend and testify;
(2) directing the person having custody of the witness to produce him in the court where the criminal action is pending, or where the grand jury investigation is pending, at a time and place specified in the order; and
(3) prescribing such conditions as the court shall determine.

Credits

1976, July 9, P.L. 586, No. 142, § 2, effective June 27, 1978.
42 Pa.C.S.A. § 5975, PA ST 42 Pa.C.S.A. § 5975
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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