Ky. Cir. Ct. Clerks' Manual COMPEL A WITNESS

20 COMPEL A WITNESS

KRS 421.240

20.1 Procedure to Compel a Witness of This State

 If a judge of another state 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 of this state is a material witness, and that 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. KRS 421.240.

1. Upon receipt of a certificate or request to compel a witness of this state Quick Reference

take the request to any available judge.

2. Upon receipt of an order directing the witness to appear, apply the Enter, date, initial

ENTERED stamp; add the date and your initials. File the court order in the

General/Administrative/Miscellaneous Order file.

3. Schedule the hearing as directed by the judge/order on a manual docket Schedule hearing

using event type OH. Event type OH

4. Provide the order to the sheriff to be personally served upon the witness.

File the sheriff’s return in the General/Administrative/Miscellaneous Order

file.

Issue summons

5. If at the hearing the judge determines the witness is material and AOC Form 025.1

necessary and that it will not cause undue hardship to the witness to be

compelled to attend and testify in the other state, issue a summons as

directed by the judge with the certificate attached, directing the witness to

attend and testify in the court where the prosecution is pending or where

a grand jury investigation is commencing as specified in the summons.

NOTE: If the judge signs the summons, do not retain any portion of the

documents except for the court order (file in the

General/Administrative/Miscellaneous Order file.)

6. Upon receipt of a returned summons, file along with other related

documents.

NOTE: Contest/challenge of a summons to compel a witness is handled in

the requesting state.

NOTE: Reimbursement pursuant to KRS 421.030: If the clerk receives a court order

ordering a witness to be reimbursed pursuant to KRS 421.030, then, in addition to entry

and notice of the order, the clerk shall reimburse expenses to the witness as provided in

the order and request reimbursement as provided in the Accounting Manual.

COMPEL A WITNESS

NOTE: Reimbursement pursuant to KRS Chapter 31: If the clerk receives a court order

ordering a witness to be reimbursed pursuant to KRS Chapter 31, then the clerk is not

obligated to take any additional steps beyond entry and notice of the order.

NOTE: In the event that an order for witness reimbursement is unclear, the clerk should

seek instruction from his or her judge.