Hawaii Revised Statutes 836-2 – Summoning witness in this state to testify in another state
Terms Used In Hawaii Revised Statutes 836-2
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- State: includes any state, territory, or possession, of the United States, the Commonwealth of Puerto Rico, and the District of Columbia. See Hawaii Revised Statutes 836-1
- Subpoena: A command to a witness to appear and give testimony.
- Summons: includes a subpoena ad testificandum and subpoena duces tecum, order, or other notice requiring the appearance of a witness. See Hawaii Revised Statutes 836-1
- Summons: Another word for subpoena used by the criminal justice system.
- Testify: Answer questions in court.
- Witness: includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Hawaii Revised Statutes 836-1
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 State certifies under the seal of that court that there is a criminal prosecution pending in that court, or that a grand jury investigation has commenced or is about to commence, that a person in this State is a material witness in the prosecution or grand jury investigation, and that the person’s presence will be required for a specified number of days, upon presentation of the certificate to any judge of a court of record in this State in the judicial district in which the person is, the 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.
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 the witness protection from arrest and the service of civil and criminal process, the judge 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, except that no judge shall issue a summons in a case where prosecution is pending, or where a grand jury investigation has commenced or is about to commence for a criminal violation of a law of another state involving the provision, paying for, receipt of, or assistance with reproductive health care services as defined in section -1 unless the acts forming the basis of the prosecution or investigation would also constitute an offense in this State. In any hearing, the certificate shall be prima facie evidence of all the facts stated therein.
If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness’ attendance in the requesting state, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before the judge for the hearing; and the judge at the hearing being satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of the desirability may, in lieu of issuing subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.
If the witness, who is summoned pursuant to this section, after being paid or tendered by some properly authorized person a sum equivalent to the cost of round-trip air fare to the place where the prosecution is pending and $30 for each day, that the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, the witness 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 State.