Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5964 (2026)

Witness from another state summoned to testify in this Commonwealth.

✓ current as of May 2026

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§ 5964. Witness from another state summoned to testify in this Commonwealth.

(a) General rule.--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 Commonwealth is a material witness in a prosecution pending in a court of record in this Commonwealth 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 Commonwealth to assure his attendance in this Commonwealth. This certificate shall be presented to a judge of a court of record in the county or parish in which the witness is found.

(b) Enforcement.--If the witness is summoned to attend and testify in this Commonwealth he shall be tendered the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution or investigation is pending and $5 for each day that he is required to travel and attend as a witness, or the mileage and witness fees and expenses to which witnesses in the courts of this Commonwealth are entitled, whichever is greater. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this Commonwealth a longer period of time than the period mentioned in the certificate unless otherwise ordered by the court. The court may admit the witness to bail by bond with or without surety and in such sum as it deems proper, conditioned for his appearance before it at a time specified in such bond. If such witness after coming into this Commonwealth 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 Commonwealth.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2017–2026 · leading case: Commonwealth v. Williams, 176 A.3d 298 (Pa. Super. Ct. 2017).

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Commonwealth v. Williams, 176 A.3d 298 (Pa. Super. Ct. 2017). “Appellant maintains that the Commonwealth’s reliance on the procedure outlined by counsel for High Point Regional Medical Center, as set forth in -42 Pa.C.S. § 5964 of the Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings,…”

Com. v. Irvine, J. (Pa. Super. Ct. 2023). “On September 23, 2021 and October 6, 2021, the Commonwealth filed motions pursuant to 42 Pa.C.S. § 5964, requesting that the trial court issue a certificate under the seal of the court recommending that the courts in two counties in the State of New York where Ms.”

Com. v. Irvine, J. (Pa. Super. Ct. 2026). “] On September 23, 2021 and October 6, 2021, the Commonwealth filed motions pursuant to 42 Pa.C.S. § 5964, requesting that the trial court issue a certificate under the seal of the court recommending that the courts in two counties in the State of New York where [] Coen was…”

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