§ 35-37-5-5 — Witness from another state summoned to testify in this state

Indiana § 35-37-5-5

• Jurisdiction: Indiana
• Art. 37: TRIAL PROCEDURE
• Ch. 5: Uniform Act to Secure the Attendance of Witnesses

Text

(a) If a person in any state that has made
provision for commanding persons within its borders to attend and
testify in criminal prosecutions in this state or grand jury investigations
commenced or about to commence in this state is a material witness in
a prosecution pending in a court of record in this state or in a grand jury
investigation which has commenced or is about to commence in this
state, a judge of the court may issue a certificate under the seal of the
court stating these facts and specifying the number of days the witness
will be required. This certificate shall be presented to a judge of a court
of record in the county of the state in which the witness is found.
(b) If the witness is summoned to attend and testify in this state, the
witness shall be tendered a sum for expenses equal to the amount
provided under IC 33-37-10-2. The fees shall be a proper charge upon
the county in which the criminal prosecution or grand jury investigation
is pending.
(c) A witness who has appeared in accordance with the provisions
of the subpoena shall not be required to remain within this state for a
longer period of time than the period mentioned in the certificate,
unless otherwise ordered by the court.
(d) If the witness fails without good cause to attend and testify as
directed in the subpoena, the witness shall be punished in the manner
provided for the punishment of any witness who disobeys a subpoena
issued from a court of record in this state.

Legislative History

As added by P.L.311-1983, SEC.2. Amended by P.L.171-1984, SEC.79; P.L.192-1986, SEC.39; P.L.305-1987, SEC.34; P.L.98-2004, SEC.149.