{"data":{"id":"us-ky/krs-421.240","jurisdiction":"us-ky","citation":"KRS 421.240","heading":"Procedure for compelling attendance as witnesses in other states of persons","body":"in this state -- Custody -- Disobedience of summons.\n(1) If a judge of a court of record in any state which by its laws has made provision for\ncommanding persons within that s tate to attend and testify in this state certifies\nunder the seal of such court that there is a criminal prosecution pending in such\ncourt, or that a grand jury investigation has commenced or is about to commence,\nthat a person being within this state is a  material witness in such prosecution, or\ngrand jury investigation, and that his presence will be required for a specified\nnumber of days, upon presentation of such certificate to any judge of a court of\nrecord in the county in which such person is, such j udge shall fix a time and place\nfor a hearing, and shall make an order directing the witness to appear at a time and\nplace certain for the hearing.\n(2) If at a hearing the judge determines that the witness is material and necessary, that it\nwill not cause undue hardship to the witness to be compelled to attend and testify in\nthe prosecution or a grand jury investigation in the other state, and that the laws of\nthe state in which the prosecution is pending, or grand jury investigation has\ncommenced or is abo ut to commence (and of any other state through which the\nwitness may be required to pass by ordinary course of travel), will give to him\nprotection from arrest and the service of civil and criminal process, he shall issue a\nsummons, with a copy of the certificate attached, directing the witness to attend and\ntestify in the court where the prosecution is pending, or where a grand jury\ninvestigation has commenced or is about to commence at a time and place specified\nin the summons. In any such hearing the cer tificate shall be prima facie evidence of\nall the facts stated therein.\n(3) If said certificate recommends that the witness be taken into immediate custody and\ndelivered to an officer of the requesting state to assure his attendance in the\nrequesting state, such judge may, in lieu of notification of the hearing, direct that\nsuch witness be forthwith brought before him for said hearing; and the judge at the\nhearing being satisfied of the desirability of such custody and delivery, for which\ndetermination the certificate shall be prima facie proof of such desirability may, in\nlieu of issuing subpoena or summons, order that said witness be forthwith taken into\ncustody and delivered to an officer of the requesting state.\n(4) If the witness, who is summoned as abo ve provided, after being paid or tendered by\nsome properly authorized person the sum of ten cents ($0.10) a mile for each mile\nby the ordinary traveled route to and from the court where the prosecution is\npending and five dollars ($5) for each day, that he is required to travel and attend as\na witness, fails without good cause to attend and testify as directed in the summons,\nhe shall be punished in the manner provided for the punishment of any witness who\ndisobeys a summons issued from a court of record in this state.","path":["KRS Chapter 421"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18069","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:38Z","sha256":"fa10cf314abc6ca3cad4de631fca23fc215419bb8320c7ed0891910becc04e4e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-421.230","next":"us-ky/krs-421.250"},"notice":"GroundRules: Original legal text. Not legal advice."}