2005 Idaho Code - 19-3012 — PRODUCTION OF IMPRISONED WITNESS -- PROCEDURE

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 30
                      WITNESSES IN CRIMINAL PROCEEDINGS
    19-3012.  PRODUCTION OF IMPRISONED WITNESS -- PROCEDURE. When the
testimony of a material witness for the people is required in a criminal
action before a court of record of this state, and such witness is a prisoner
in the state prison or in a county jail, an order for his temporary removal
from such prison or jail, and for his production before such court, may be
made by the court in which the action is pending, or by a judge thereof; but
in case the prison or jail is out of the county in which the application is
made, such order can only be made upon the affidavit of the prosecuting
attorney or other person on behalf of the people showing that the testimony is
material and necessary; and even then the granting of the order is in the
discretion of the court or judge. The order must be executed by the sheriff of
the county in which it is made, whose duty it is to bring the prisoner before
the proper court, to safely keep him, and when he is no longer required as a
witness, to return him to the prison or jail whence he was taken. The expense
of executing such order must be paid by the county in which the order is made.