Florida Statutes
Fla. Stat. § 942.03 (2025)
Witness from another state summoned to testify in this state.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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942.03 Witness from another state summoned to testify in this state.—
(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 such 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. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his or her 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 state, the witness shall be tendered 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 he or she is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this 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.
Notes of Decisions
Cited in 7
cases, 1991–2013 · leading case: State v. Bastos, 985 So. 2d 37 (Fla. 3d DCA 2008).
State v. Bastos, 985 So. 2d 37 (Fla. 3d DCA 2008). “§ 942.03, Fla. Stat. (2005). The requesting court must certify that the witness is a material witness and specify the number of days the witness will be required.”
Roberts v. State, 840 So. 2d 962 (Fla. 2002). “The State objected, arguing that section 942.03(1), Florida Statutes (1997), which governs out-of-state subpoenas, is only applicable in criminal prosecutions or grand jury proceedings, and postconviction proceedings do not qualify as criminal prosecutions under the statute.”
Corona v. State, 929 So. 2d 588 (Fla. 5th DCA 2006). “See § 942.03, Fla. Stat. (2001). However, Mrs.”
Ulloa v. CMI, Inc., 133 So. 3d 914 (Fla. 2013). “Specifically, section 942.03 of Florida’s Uniform Law provides the authority for a witness from another state to be summoned to testify in this state.”
CMI, Inc. v. Ulloa, 73 So. 3d 787 (Fla. 5th DCA 2011). “§ 942.03(1). This triggers a hearing in the recipient state to determine whether to compel the attendance of the witness in the other state.”
MetroPCS Wireless, Inc. v. State, 120 So. 3d 1271 (Fla. 3d DCA 2013). “See § 942.03, Fla. Stat. (2013). Additionally, rule 3.”
State v. Sells, 582 So. 2d 1244 (Fla. 4th DCA 1991). “1985), for the principle that section 942.03 protects only those communications in which the speaker has a justifiable expectation of privacy.”
— 942.03(1) — 4 cases
Roberts v. State, 840 So. 2d 962 (Fla. 2002). “The State objected, arguing that section 942.03(1), Florida Statutes (1997), which governs out-of-state subpoenas, is only applicable in criminal prosecutions or grand jury proceedings, and postconviction proceedings do not qualify as criminal prosecutions under the statute.”
State v. Bastos, 985 So. 2d 37 (Fla. 3d DCA 2008). “§ 942.03, Fla. Stat. (2005). The requesting court must certify that the witness is a material witness and specify the number of days the witness will be required.”
Ulloa v. CMI, Inc., 133 So. 3d 914 (Fla. 2013). “Specifically, section 942.03 of Florida’s Uniform Law provides the authority for a witness from another state to be summoned to testify in this state.”
CMI, Inc. v. Ulloa, 73 So. 3d 787 (Fla. 5th DCA 2011). “§ 942.03(1). This triggers a hearing in the recipient state to determine whether to compel the attendance of the witness in the other state.”
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