Section 650.30. Securing attendance of prisoner in federal institution as witness in criminal action in the state


Latest version.
  • 1.  When (a) a criminal action is pending in a court of record of this
      state by reason of the filing therewith of an accusatory instrument,  or
      a  grand jury proceeding has been commenced, and (b) there is reasonable
      cause to believe that a person confined in a  federal  prison  or  other
      federal   custody,  either  within  or  outside  this  state,  possesses
      information material to such criminal action or proceeding, and (c)  the
      attendance  of  such person as a witness in such action or proceeding is
      desired by a party thereto, a superior court, at  a  term  held  in  the
      county  in  which  such  action  or  proceeding  is pending, may issue a
      certificate,  known  as  a  writ  of  habeas  corpus  ad  testificandum,
      addressed  to  the attorney general of the United States, certifying all
      such facts and requesting the attorney general of the United  States  to
      cause  the  attendance  of  such person as a witness in such court for a
      specified number of days under custody of a federal public servant.
        2.  Such a certificate may be issued upon application  of  either  the
      people  or  a  defendant,  demonstrating  all  the  facts  specified  in
      subdivision one.
        3.  Upon issuing such certificate, the court may deliver it, or  cause
      or  authorize  it to be delivered, to the attorney general of the United
      States or to his representative authorized to entertain the request.