2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 59 - Depositions and Witnesses
5963 - Summoning witness in this Commonwealth to testify in another state.

     § 5963.  Summoning witness in this Commonwealth to testify in
                another state.
        (a)  General rule.--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
     Commonwealth 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 Commonwealth is a material witness in
     such prosecution or grand jury investigation and 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.
        (b)  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.
        (c)  Immediate custody.--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. Such judge may admit the
     witness to bail by bond with sufficient sureties and in such sum
     as he deems proper, conditioned for his appearance before him at
     a time specified in such bond and for his surrender to an
     officer of the requesting state.
        (d)  Enforcement.--If the witness who is summoned as provided
     in this section, after being paid or tendered by some properly
     authorized person the sum of ten cents a mile for each mile by
     the ordinary traveled route to and from the court where the
     prosecution or investigation is pending and $5 for each day that
     he is required to travel and attend as a witness, or the mileage
     and witness fees and expenses to which witnesses in the courts
     of this Commonwealth are then entitled, whichever is greater,
     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 Commonwealth.

Disclaimer: These codes may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.