(1) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, 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, a judge of that 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. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure the witness’ attendance in this state. This certificate shall be presented to a judge 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 witness shall be tendered the mileage rate established pursuant to Kan. Stat. Ann. § 75-3203a, and amendments thereto, for each mile by the ordinary traveled route to and from the court where the prosecution is pending and an amount equal to that provided for witness fees under Kan. Stat. Ann. § 28-125, and amendments thereto, for each day that the witness is required to travel and attend as a witness.

Terms Used In Kansas Statutes 22-4203

  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. See Kansas Statutes 77-201
  • state: shall include any territory of the United States and the District of Columbia. See Kansas Statutes 22-4201
  • Summons: Another word for subpoena used by the criminal justice system.
  • summons: shall include a subpoena, order or other notice requiring the appearance of a witness. See Kansas Statutes 22-4201
  • Testify: Answer questions in court.
  • Witness: as used in this article shall include a person whose testimony is desired in any proceedings or investigation by a grand jury or in a criminal action, prosecution or proceeding. See Kansas Statutes 22-4201

(3) A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within the state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, 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.