2013 Kentucky Revised Statutes CHAPTER 421 - WITNESSES 421.240 Procedure for compelling attendance as witnesses in other states of persons in this state -- Custody -- Disobedience of summons.
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421.240 Procedure for compelling attendance as witnesses in other states of
persons in this state -- Custody -- Disobedience of summons.
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If a judge of a court of record in any state which by its laws has made provision
for commanding persons within that state to attend and testify in this state
certifies under the seal of such court that there is a criminal prosecution
pending in such court, or that a grand jury investigation has commenced or is
about to commence, that a person being within this state is a material witness
in such prosecution, or grand jury investigation, and that his presence will be
required for a specified number of days, upon presentation of such certificate to
any judge of a court of record in the county in which such person is, such judge
shall fix a time and place for a hearing, and shall make an order directing the
witness to appear at a time and place certain for the hearing.
If at a hearing the judge determines that the witness is material and necessary,
that it will not cause undue hardship to the witness to be compelled to attend
and testify in the prosecution or a grand jury investigation in the other state,
and that the laws of the state in which the prosecution is pending, or grand jury
investigation has commenced or is about to commence (and of any other state
through which the witness may be required to pass by ordinary course of
travel), will give to him protection from arrest and the service of civil and
criminal process, he shall issue a summons, with a copy of the certificate
attached, directing the witness to attend and testify in the court where the
prosecution is pending, or where a grand jury investigation has commenced or
is about to commence at a time and place specified in the summons. In any
such hearing the certificate shall be prima facie evidence of all the facts stated
therein.
If said certificate recommends that the witness be taken into immediate
custody and delivered to an officer of the requesting state to assure his
attendance in the requesting state, such judge may, in lieu of notification of the
hearing, direct that such witness be forthwith brought before him for said
hearing; and the judge at the hearing being satisfied of the desirability of such
custody and delivery, for which determination the certificate shall be prima facie
proof of such desirability may, in lieu of issuing subpoena or summons, order
that said witness be forthwith taken into custody and delivered to an officer of
the requesting state.
If the witness, who is summoned as above provided, after being paid or
tendered by some properly authorized person the sum of ten cents ($0.10) a
mile for each mile by the ordinary traveled route to and from the court where
the prosecution is pending and five dollars ($5) for each day, that he is required
to travel and attend as a witness, fails without good cause to attend and testify
as directed in the summons, he shall be punished in the manner provided for
the punishment of any witness who disobeys a summons issued from a court
of record in this state.
Effective:June 19, 1952
History: Created 1952 Ky. Acts ch. 132, sec. 2, effective June 19, 1952.
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