22-3214.
Subpoenas.
(1) The prosecution and any person charged with a crime shall be entitled to the use of subpoenas and other compulsory process to obtain the attendance of witnesses. Except as otherwise provided by law, such subpoenas and other compulsory process shall be issued and served in the same manner and the disobedience thereof punished the same as in civil cases.
(2) All courts having criminal jurisdiction shall have the power to compel the attendance of witnesses from any county in the state to testify either for the prosecution or for the defendant and to direct law enforcement officers to serve subpoenas to obtain the attendance of witnesses at all proceedings conducted by the court anytime after the arrest of any person.
(3) It shall not be necessary to tender any fee or mileage allowance to any witness when he is served with a subpoena to attend any criminal case and give testimony either on behalf of the prosecution or the defendant.
History:
L. 1970, ch. 129, § 22-3214; L. 1994, ch. 286, § 2; July 1.
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1979–2024 · leading case:
State v. Robinson, 363 P.3d 875 (Kan. 2015).
State v. Robinson, 363 P.3d 875 (Kan. 2015).
· cites it 2× “22-2305(2); K.S.A. 22-3214. Defendant suggests this language would be unnecessary if district judges had authority to act beyond the territorial limits set out by K.”
State v. Hensley, 313 P.3d 814 (Kan. 2013).
· cites it 2× “We need not decide whether the district court erroneously denied Hensley compulsory process because the district court never denied Hensley’s request. Next, Hensley argues the district court violated his right to compulsory process under the Sixth Amendment of the United States…”
State v. McIntosh, 58 P.3d 716 (Kan. 2002).
“This right is statutorily provided by K.S.A. 22-3214 and *949 was explicitly recognized by this court in State v.”
State v. Sherry, 667 P.2d 367 (Kan. 1983).
“If the defendant wishes to examine the qualifications of the forensic examiner, the procedure followed in testing the substance, or the results of the test, he may do so by subpoena, bringing the forensic examiner into court pursuant to K.”
State v. Englund, 329 P.3d 502 (Kan. Ct. App. 2014).
· cites it 3× “” Similarly, K.S.A. 22-3214 gives criminal defendants the right to subpoena witnesses to testify at the defendant’s trial or at other hearings.”
State v. Leshay, 213 P.3d 1071 (Kan. 2009).
“If the defendant wishes to examine the qualifications of the forensic examiner, the procedure followed in testing the substance, or the results of the test, he may do so by subpoena, bringing the forensic examiner into court pursuant to K.”
State v. Crow, 974 P.2d 100 (Kan. 1999).
“However, in Sherry we also said: “If the defendant wishes to examine the qualifications of the forensic examiner, the procedure followed in testing the substance, or the results of the test, he may do so by subpoena, bringing the forensic examiner into court pursuant to K.”
State v. Jones, 601 P.2d 1135 (Kan. 1979).
“See also K.S.A. 22-3214. The appellant next argues that the court should have granted him a short continuance the afternoon of the trial or until the next morning so that his counsel could produce Leroy.”
State v. Dressel, 738 P.2d 830 (Kan. 1987).
“This right is statutorily provided by K.S.A. 22-3214 and was explicitly recognized by this court in State v.”
Tiller v. Corrigan, 182 P.3d 719 (Kan. 2008).
“Furthermore, K.S.A. 22-3214(1) provides that prosecutors and defendants in criminal prosecutions may “use .”
State v. Lewis, 327 P.3d 1042 (Kan. Ct. App. 2014).
· cites it 2× “K.S.A. 22-3214(1) specifically provides that subpoenas in criminal cases be issued in the same manner as in civil cases, see K.”
State v. Wilson, 200 P.3d 1283 (Kan. Ct. App. 2008).
“The defendant should instead have proceeded under K.S.A. 22-3214 “to subpoena witnesses and to compel the production of documents.”
— K.S.A. § 22-3214(1) — 2 cases
Tiller v. Corrigan, 182 P.3d 719 (Kan. 2008).
“Furthermore, K.S.A. 22-3214(1) provides that prosecutors and defendants in criminal prosecutions may “use .”
State v. Lewis, 327 P.3d 1042 (Kan. Ct. App. 2014).
“K.S.A. 22-3214(1) specifically provides that subpoenas in criminal cases be issued in the same manner as in civil cases, see K.”
— K.S.A. § 22-3214(2) — 1 case
State v. Englund, 329 P.3d 502 (Kan. Ct. App. 2014).
“” Similarly, K.S.A. 22-3214 gives criminal defendants the right to subpoena witnesses to testify at the defendant’s trial or at other hearings.”
— K.S.A. § 22-3214(3) — 1 case
State v. Lewis, 327 P.3d 1042 (Kan. Ct. App. 2014).
“K.S.A. 22-3214(1) specifically provides that subpoenas in criminal cases be issued in the same manner as in civil cases, see K.”
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