Virginia law §§ 19.2-274 and 19.2-275 outline procedures for compelling witnesses to attend court proceedings or grand jury investigations in other states. The court can issue a summons if the witness is deemed material, necessary, and protected from undue hardship and arrest. Additionally, the law allows for the immediate arrest and transfer of a witness if recommended by a certificate, bypassing traditional subpoenas.
When the judge determines the witness is material, necessary, and that attendance will not cause undue hardship, and if the other state's laws provide protection from arrest and process.
Yes, if the certificate recommends immediate custody, the judge may order the witness to be taken into custody and delivered to an officer of the requesting state.
A certificate stating the facts is considered prima facie evidence, meaning it is accepted as sufficient proof unless challenged.
Yes, if the laws of the state where the prosecution is pending offer such protections, the court can issue a summons or order arrest accordingly.