other states.
(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 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 he shall be tendered the sum of ten cents ($0.10) a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and five dollars ($5) for each day that he is required to travel and attend as a witness, same to be paid in manner that other witnesses are paid by the Commonwealth of Kentucky. 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, he 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. Effective: June 19, 1952 History: Created 1952 Ky. Acts ch. 132, sec. 3, effective June 19, 1952.
Notes of Decisions
Lovett v. Commonwealth, 103 S.W.3d 72 (Ky. 2003).
· cites it 10× “The language of KRS 421.250 is very broad and discretionary in nature, viz: 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 .”
St. Clair v. Commonwealth, 140 S.W.3d 510 (Ky. 2004).
· cites it 4× “KRS 421.250. Five days before trial, the prosecutor informed the court and defense counsel by telephone that Van Zandt's attorney had informed him that due to complications related to her pregnancy, she could not travel to Kentucky.”
Dillingham v. Commonwealth, 995 S.W.2d 377 (Ky. 1999).
· cites it 4× “The Uniform Act is a reciprocal statute that provides a mechanism for a party to a criminal proceeding to compel attendance of out-of-state witnesses. It has been adopted by all fifty states, Puerto Rico, and the Virgin Islands.”
Bowling v. Commonwealth, 80 S.W.3d 405 (Ky. 2002).
· cites it 2× “42 motion, the trial court denied relief: “It is speculative as to *418 whether or not [the KRS 421.250] procedure would have been successful, and even if Mr.”
Carter v. Commonwealth, 782 S.W.2d 597 (Ky. 1990).
· cites it 4× “" The Commonwealth utilized KRS 421.250, Kentucky's Uniform Non-Resident Witness Act to secure Elam's appearance for his deposition, pursuant to an order of court which was entered in Oklahoma directing him to attend.”
Stengel v. Kentucky Bar Ass'n, 162 S.W.3d 914 (Ky. 2005).
· cites it 7× “The position taken by the Opinion seems to suggest that the Grand Jury may only acquire records through compulsion as opposed to contact and voluntary release.”
Gall v. Commonwealth, 702 S.W.2d 37 (Ky. 1985).
“He relies on KRS 421.250 which allows a defendant compulsory process for material witnesses in other states to testify in criminal prosecutions in this state.”
Stinnett v. Commonwealth, 364 S.W.3d 70 (Ky. 2011).
· cites it 2× “KRS 421.250; see also Dillingham v. Commonwealth, 995 5.”
Yell v. Commonwealth, 242 S.W.3d 331 (Ky. 2007).
· cites it 3× “Bromm voluntarily appeared and testified at Robert's trial, even though she was not properly subpoenaed as an out of state witness pursuant to KRS 421.250. There was no indication that Bromm testified more favorably for the Commonwealth because of the arrest warrant, and there…”
McQueen v. Commonwealth, 721 S.W.2d 694 (Ky. 1986).
“This Court recently held that KRS 421.250 is not applicable to an RCr 11.”
Mills v. Messer, 254 S.W.3d 814 (Ky. 2008).
“In Gall , we held that KRS 421.250, which provides a defendant the means to obtain a witness from out-of-state to testify in Kentucky, does not apply to RCr 11.”
Wooldridge v. Commonwealth, 459 S.W.2d 404 (Ky. Ct. App. 1970).
“Appellant’s first claim of error is that the court erroneously denied him a continuance because of the absence of a witness.”
— Ky. Rev. Stat. § 421.250(1) — 5 cases
Dillingham v. Commonwealth, 995 S.W.2d 377 (Ky. 1999).
“The Uniform Act is a reciprocal statute that provides a mechanism for a party to a criminal proceeding to compel attendance of out-of-state witnesses. It has been adopted by all fifty states, Puerto Rico, and the Virgin Islands.”
Lovett v. Commonwealth, 103 S.W.3d 72 (Ky. 2003).
“The language of KRS 421.250 is very broad and discretionary in nature, viz: 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 .”
Bowling v. Commonwealth, 80 S.W.3d 405 (Ky. 2002).
“42 motion, the trial court denied relief: “It is speculative as to *418 whether or not [the KRS 421.250] procedure would have been successful, and even if Mr.”
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