Florida Statutes

Fla. Stat. § 942.02 (2025)

Summoning witness in this state to testify in another state.

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942.02 Summoning witness in this state to testify in another state.—

(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 such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution or grand jury investigation, and that that person’s presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such 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. The witness shall at all times be entitled to counsel.

(2) 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, 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. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.

(3) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure her or his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before her or him for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken in custody and delivered to an officer of the requesting state.

(4) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 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.

History.—s. 2, ch. 20458, 1941; s. 1, ch. 61-491; s. 1625, ch. 97-102.

Notes of Decisions

Cited in 16 cases, 1956–2017 · leading case: Ulloa v. CMI, Inc., 133 So. 3d 914 (Fla. 2013).

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Ulloa v. CMI, Inc., 133 So. 3d 914 (Fla. 2013). · cites it 7× “As this is a reciprocal law, section 942.02 provides the procedures for a Florida court to follow if it receives a certifícate from a sister state that an individual located in Florida is needed to testify in another state and, likewise, what a sister state would do if it…”

Glover v. Miro, 262 F.3d 268 (4th Cir. 2001). · cites it 2× “§ 19-9-70 ; Fla. Stat. Ann. § 942.02 . Glover was forced to trial on June 19.”

State v. Bastos, 985 So. 2d 37 (Fla. 3d DCA 2008). “§ 942.02. In this case, the county court issued its certificate stating that: Mr.”

Rawlins v. People, 61 V.I. 593 (2014). “§ 3863; Fla. Stat. § 942.02 (1)-(4); see also Harrell v.”

Delit v. State, 583 So. 2d 1083 (Fla. 4th DCA 1991). · cites it 2× “This is all the more true where a witness is asked to travel many miles across state lines in obedience to a summons.”

Wollesen v. State, 529 S.E.2d 630 (Ga. Ct. App. 2000). “2 Fla. Stat. § 942.02 (2) (1997). 3 In. Illinois, the conclusion alone of a petitioning court that the witness sought is material and necessary is not entitled to prima facie evidentiary value.”

CMI, Inc. v. Ulloa, 73 So. 3d 787 (Fla. 5th DCA 2011). “§ 942.02(1). The prevailing view is that the Uniform Law applies to subpoenas duces tecum that require both testimony of a witness and the production of documents.”

Epstein v. New York, 157 So. 2d 705 (Fla. 3d DCA 1963). “” As has been pointed out above, § 942.02(1) provides for the presentation of an appropriate certificate to any judge of a court of record in the county in which such person is.”

In re O'Neill, 9 Fla. Supp. 153 (Fla. Cir. Ct., Miami-Dade Cty. 1956). · cites it 11× “First, by the issuance of a “summons *** directing the witness to attend and testify in the court” of the other state, as provided in subsection (2) of section 942.02; in other words, by the issuance of a witness subpoena by a court of record of this state, directed to the…”

Mastrapa v. South Florida Money Laundering Strike Force, 928 So. 2d 421 (Fla. 3d DCA 2006). · cites it 3× “Section 942.02, Florida Statutes, sets out the procedure for the State Court wherein the criminal proceeding is pending to seek to compel witnesses in another state to appear before the court.”

In re Superior Court, 471 So. 2d 171 (Fla. 4th DCA 1985). · cites it 2× “Appellants contend that the Florida trial court failed to make an independent determination of materiality and necessity as required by section 942.02(2), Florida Statutes (1983).”

In re O'Neill, 17 Fla. Supp. 199 (Fla. Cir. Ct., Miami-Dade Cty. 1960). · cites it 13× “O’Neill, has filed a “Renewal of Motion to Quash” the rule issued to said respondent challenging the validity of section 942.02, Florida Statutes 1955, upon the grounds— (1) that same attempts to confer upon the courts of this state power to issue process running beyond the…”

Show all 16 citing cases →

— 942.02(1) — 3 cases

Ulloa v. CMI, Inc., 133 So. 3d 914 (Fla. 2013). “As this is a reciprocal law, section 942.02 provides the procedures for a Florida court to follow if it receives a certifícate from a sister state that an individual located in Florida is needed to testify in another state and, likewise, what a sister state would do if it…”

— 942.02(2) — 5 cases

In re Superior Court, 471 So. 2d 171 (Fla. 4th DCA 1985). “Appellants contend that the Florida trial court failed to make an independent determination of materiality and necessity as required by section 942.02(2), Florida Statutes (1983).”

Terl v. State ex rel. Grand Jury of Baltimore City, 237 So. 2d 830 (Fla. 2d DCA 1970).

In re O'Neill, 17 Fla. Supp. 199 (Fla. Cir. Ct., Miami-Dade Cty. 1960). “O’Neill, has filed a “Renewal of Motion to Quash” the rule issued to said respondent challenging the validity of section 942.02, Florida Statutes 1955, upon the grounds— (1) that same attempts to confer upon the courts of this state power to issue process running beyond the…”

Skakel v. State, 738 So. 2d 468 (Fla. 4th DCA 1999).

— 942.02(3) — 1 case

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