If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a circuit court judge or magistrate may certify:

1. (1) That there is a criminal proceeding or investigation by a grand jury or a criminal action pending in this court;
2. (2) That a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation, or action; and
3. (3) That the person'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 prisoner confined, and a notice shall be given to the attorney general of the state in which the prisoner is confined.

Source: SL 2002, ch 119 , § 6.