Pennsylvania § 5974 Summoning prisoner in this Commonwealth to testify in another state

Pennsylvania Statutes

§ 5974 — Summoning prisoner in this Commonwealth to testify in another state

Pennsylvania § 5974

JurisdictionPennsylvania

Title 42JUDICIARY AND JUDICIAL PROCEDURE

PartPART VI

Ch. 59DEPOSITIONS AND WITNESSES

Subch.RENDITION OF PRISONERS AS WITNESSES

This text of Pennsylvania § 5974 (Summoning prisoner in this Commonwealth to testify in another state) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

42 Pa. Cons. Stat. § 5974 (2026).

Text

(a)Certification.--A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this Commonwealth, may certify:

(1)that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court;

(2)that a person who is confined in a penal institution in this Commonwealth may be a material witness in the proceeding, investigation or action; and

(3)that his presence will be required during a specified time.

(b)Hearing.--Upon presentation of the certificate to any court having jurisdiction over the person confined and upon notice to the Bureau of Correction, the court in this Commonwealth shall fix a time and place for a hearing

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(a) Certification.--A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this Commonwealth, may certify:

(1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court;

(2) that a person who is confined in a penal institution in this Commonwealth may be a material witness in the proceeding, investigation or action; and

(3) that his presence will be required during a specified time.

(b) Hearing.--Upon presentation of the certificate to any court having jurisdiction over the person confined and upon notice to the Bureau of Correction, the court in this Commonwealth shall fix a time and place for a hearing and shall make an order, directed to the person having custody of the prisoner, requiring that the prisoner be produced before it at the hearing.

Legislative History

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) References in Text.The Bureau of Correction, referred to in subsecs. (c) and (e), was abolished by the act of December 30, 1984 (P.L.1299, No.245) and is now the Department of Corrections.