22-4203. Out-of-state witnesses; fees and mileage.
22-4203
22-4203. Out-of-state witnesses; fees and mileage.(1) If a person in any state, which by its laws has made provision forcommanding persons within its borders to attend and testify in criminalprosecutions, or grand jury investigations commenced or about tocommence, in this state, is a material witness in a prosecution pendingin a court of record in this state, or in a grand jury investigationwhich has commenced or is about to commence, a judge of that court mayissue a certificate under the seal of the court stating these facts andspecifying the number of days the witness will be required.The certificate may include a recommendation that the witness be taken intoimmediate custody and delivered to an officer of this state to assure thewitness' attendance in this state. This certificate shallbe presented to ajudge of a court of record in the county in which the witness is found.
(2) If the witness is summoned to attend and testify in this case the witnessshall be tendered the mileage rate establishedpursuant to K.S.A. 75-3203a and amendments thereto for each mile by theordinary traveled route to and from the court where the prosecution ispending and an amount equal to that provided for witnessfees under K.S.A. 28-125 and amendments thereto for each day that thewitness is requiredto travel andattend as a witness.
(3) A witness who has appeared in accordance with the provisions of thesummons shall not be required to remain within the state a longer periodof time than the period mentioned in the certificate, unless otherwiseordered by the court. If such witness, after coming into this state,fails without good cause to attend and testify as directed in thesummons, the witness shall be punished in the manner providedfor the punishmentof any witness who disobeys a summons issued from a court of record inthis state.
History: L. 1970, ch. 129, § 22-4203; L. 1979, ch. 99, § 1;L. 1984, ch. 132, § 1; July 1.