942.01
Definitions.
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942.01 Definitions.—
(1) “Witness,” as used in this chapter, includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding held by the prosecution or the defense.
(2) “State” includes any territory of the United States and District of Columbia.
(3) “Summons” includes a subpoena, order, or other notice requiring the appearance of a witness.
History.—s. 1, ch. 20458, 1941.
Notes of Decisions
Cited in 11
cases, 1973–2013 · leading case: Harrell v. State
Harrell v. State (1998)
“, §§ 942.01-06, Fla. Stat. (1995); Ala.Code, §§ 12-21-280-285 (1995); Ga.”
Commonwealth v. Housen (2011)
“233, § 13B; Fla. Stat. Ann. §§ 942.01-942.06 (West 2006).”
Delit v. State (1991)
“02, Florida Statutes, did not extend to a subpoena duces tecum. There are no reported Florida decisions on this question and there is no provision of the Act which specifically mentions the production of documentary evidence by a summoned witness.”
CMI, Inc. v. Ulloa (2011)
“See §§ 942.01-.06, Fla. Stat. (2010). The circuit court denied CMI’s petition for writ of certiorari as to Respondents, concluding that the Uniform Law did not apply because the subpoenas served on CMI by Respondents did not require witness testimony, only the production of…”
CMI, Inc. v. Landrum (2010)
“See §§ 942.01-.06; New York v. O’Neill, 359 U.”
Ulloa v. CMI, Inc. (2013)
“” § 942.01(3), Fla. Stat. (2010). As Black’s Law Dictionary makes clear, the ordinary meaning of the noun “subpoena” includes both a subpoena ad testificandum and a subpoena duces tecum and applies to any “writ or order commanding a person to appear before a court or other…”
Lima v. State (1999)
“5; §§ 942.01-.06, Fla. Stat. (1997); see also Barber v.”
People v. St. Omer (2012)
“See generally Fla. Stat. Ann. §§ 942.01-942.06 (West 2011).”
Bryan v. State (1974)
“; Fla.Stat. §§ 942.01-942.06 F.S.A.; Ky.Rev.”
Ernest Carl Walker v. Ira M. Coiner, Warden, West Virginia State Penitentiary (1973)
“Fla. Stat.Ann. § 942.01; West Va.Code Ann.”
Bannister v. State (1978)
“[3] An exception is the interstate extradition witness specifically provided for in §§ 942.01-.06, Fla. Stat.”
— 942.01(3) — 2 cases
Delit v. State (1991)
“02, Florida Statutes, did not extend to a subpoena duces tecum. There are no reported Florida decisions on this question and there is no provision of the Act which specifically mentions the production of documentary evidence by a summoned witness.”
Ulloa v. CMI, Inc. (2013)
“” § 942.01(3), Fla. Stat. (2010). As Black’s Law Dictionary makes clear, the ordinary meaning of the noun “subpoena” includes both a subpoena ad testificandum and a subpoena duces tecum and applies to any “writ or order commanding a person to appear before a court or other…”
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