Department of Corrections and Rehabilitation - Operations Manual

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Chapter 7 – Adult Case Records Information

Article 6 – Detainers

Revised August 9, 2024

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73040.13.1 Federal Writ Ad Testificandum (Criminal Case)

  • A federal Writ of Habeas Corpus Ad Testificandum in a criminal case directs the removal of an incarcerated person to the temporary custody of the U.S.United States Marshal to testify as a witness in a criminal matter.

  • A federal court has the legal authority to issue a Writ of Habeas Corpus Ad Testificandum for an incarcerated person outside of its territorial jurisdiction.

  • If the court hearing is out-of-state or if the court hearing is in-state and there are safety concerns, the CCRMCorrectional Case Records Manager shall contact Case Records Services which will consult with OLAOffice of Legal Affairs.

  • If the judge does not order the U.S.United States Marshal to transport, then the department shall incur the total costs and responsibility of transporting.

  • Federal court orders shall bear the seal of the court and certification by the clerk of the court. An electronically filed copy is certified if the stamp across the top is in blue ink. If the CCRMCorrectional Case Records Manager has questions about the authenticity of the blue ink stamp, the CCRMCorrectional Case Records Manager shall contact Case Records Services which will consult with OLAOffice of Legal Affairs.