Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 59 - Depositions and Witnesses
Section 5963 - Summoning witness in this Commonwealth to testify in another state


(a) General rule.--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 Commonwealth 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 Commonwealth is a material witness in such prosecution or grand jury investigation and his 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.
(b) Hearing.--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 and of any other state through which the witness may be required to pass by ordinary course of travel will give to him protection from arrest and the service of civil and criminal process, he 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.
(c) Immediate custody.--If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may in lieu of notification of the hearing direct that such witness be forthwith brought before 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 into custody and delivered to an officer of the requesting state. Such judge may admit the witness to bail by bond with sufficient sureties and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond and for his surrender to an officer of the requesting state.
(d) Enforcement.--If the witness who is summoned as provided in this section, after being paid or tendered by some properly authorized person 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 then entitled, whichever is greater, 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.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 42 - JUDICIARY AND JUDICIAL PROCEDURE

Chapter 59 - Depositions and Witnesses

Extra - Chapter Notes

Section 5901 - Judicial oath

Section 5902 - Effect of religious beliefs

Section 5903 - Compensation and expenses of witnesses

Section 5904 - Subpoena of witnesses

Section 5905 - Subpoenas

Section 5911 - Competency of witnesses generally

Section 5912 - Effect of prior convictions

Section 5913 - Spouses as witnesses against each other

Section 5914 - Confidential communications between spouses

Section 5915 - Testimony by spouse in rebuttal

Section 5916 - Confidential communications to attorney

Section 5917 - Notes of evidence at former trial

Section 5918 - Examination of defendant as to other offenses

Section 5919 - Depositions in criminal matters

Section 5920 - Expert testimony in certain criminal proceedings

Section 5921 - Interest not to disqualify

Section 5922 - Disqualification by perjury

Section 5923 - Confidential communications between spouses

Section 5924 - Spouses as witnesses against each other

Section 5925 - Testimony by married person against spouse in rebuttal

Section 5926 - Testimony by spouse after attack on character or conduct

Section 5927 - Actions by spouse to recover separate property

Section 5928 - Confidential communications to attorney

Section 5929 - Physicians not to disclose information

Section 5930 - Surviving party as witness, in case of death, mental incapacity, etc

Section 5931 - Incompetent witnesses

Section 5932 - Witness competent to testify against interest; to become competent upon release of interest

Section 5933 - Competency of surviving party

Section 5934 - Notes of evidence at former trial

Section 5935 - Examination of person adversely interested

Section 5936 - Medical testimony by deposition

Section 5941 - Persons who may be compelled to testify

Section 5942 - Confidential communications to news reporters

Section 5943 - Confidential communications to clergymen

Section 5944 - Confidential communications to psychiatrists or licensed psychologists

Section 5945 - Confidential communications to school personnel

Section 5945.1 - Confidential communications with sexual assault counselors.

Section 5945.2 - Confidential communications to crime stopper or similar anticrime program

Section 5945.3 - Confidential communications with human trafficking caseworkers

Section 5946 - Competency of certain witnesses where political subdivision is a party

Section 5947 - Immunity of witnesses

Section 5948 - Confidential communications to qualified professionals

Section 5949 - Confidential mediation communications and documents

Section 5950 - Confidential communications involving law enforcement officers

Section 5951 - Confidential communications involving public safety responders and corrections officers

Section 5952 - Confidential communications to peer support members

Section 5961 - Short title of subchapter

Section 5962 - Definitions

Section 5963 - Summoning witness in this Commonwealth to testify in another state

Section 5964 - Witness from another state summoned to testify in this Commonwealth

Section 5965 - Exemption from arrest and service of process

Section 5971 - Short title of subchapter

Section 5972 - Definitions

Section 5973 - Scope of subchapter

Section 5974 - Summoning prisoner in this Commonwealth to testify in another state

Section 5975 - Court order

Section 5976 - Terms and conditions

Section 5977 - Prisoner from another state summoned to testify in this Commonwealth

Section 5978 - Compliance

Section 5979 - Exemption from arrest and service of process

Section 5981 - Declaration of policy

Section 5982 - Definitions

Section 5983 - Rights and services

Section 5984 - Videotaped depositions (Repealed)

Section 5984.1 - Recorded testimony

Section 5985 - Testimony by contemporaneous alternative method

Section 5985.1 - Admissibility of certain statements

Section 5986 - Hearsay

Section 5987 - Use of dolls

Section 5988 - Victims of sexual or physical abuse

Section 5991 - Declaration of policy

Section 5992 - Definitions

Section 5993 - Admissibility of certain statements