CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2356368
...Stat. (2005). The requesting court must certify that the witness is a material witness and specify the number of days the witness will be required. Id. This triggers a procedure in the recipient state for compelling the attendance of the witness. Id. § 942.02....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1991 WL 128336
...ng whatsoever that he possesses that information. This is all the more true where a witness is asked to travel many miles across state lines in obedience to a summons. We need not reach the state's claim that the trial court erred in concluding that section 942.02, Florida Statutes, did not extend to a subpoena duces tecum....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 14664, 2011 WL 4102296
...The requesting court must certify that the witness is material and specify the number of days the witness will be required. §
942.03(1). This triggers a hearing in the recipient state to determine whether to compel the attendance of the witness in the other state. §
942.02(1)....
CopyCited 2 times | Published | District Court of Appeal of Florida
...* We think this argument must fail because the same section of the State Constitution provides that the circuit court shall have original jurisdiction “ * * * of such other matters as the legislature may provide.” As has been pointed out above, § 942.02(1) provides for the presentation of an appropriate certificate to any judge of a court of record in the county in which such person is....
CopyCited 1 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 804, 2013 WL 5942299, 2013 Fla. LEXIS 2420
...The judge must also specify the number of days that the witness will be required to appear in Florida. Id. This certificate then must be presented *922 to a judge in the county and state in which the witness is found. Id. As this is a reciprocal law, section 942.02 provides the procedures for a Florida court to follow if it receives a certifícate from a sister state that an individual located in Florida is needed to testify in another state and, likewise, what a sister state would do if it receives a certificate from a Florida court....
...If a Florida judge receives a certificate from a sister state court asserting that a person in Florida is a material witness in that state, the Florida judge must set a time and place for a hearing in Florida and direct the witness to appear for such a hearing. § 942.02(1), Fla....
...The witness is entitled to counsel for this hearing. Id. The Florida judge will then determine whether the witness is indeed material and necessary in that sister state and will also determine whether the witness will suffer undue hardship if compelled to appear and testify in the sister state. § 942.02(2), Fla....
...directing the witness to appear and testify in that sister state court. Id. Further, the Florida judge can recommend that the witness be taken into custody and delivered to an officer of the requesting state to ensure the witness’s attendance. See § 942.02(3), Fla. Stat. (2010). If the witness fails to attend as ordered, the Florida court is authorized to sanction the witness. § -942.02(4), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2017 WL 945567, 2017 Fla. App. LEXIS 3198
...ncept of
“materiality” to define the phrase. The Third District held that the out-of-state owner of
Intoxilyzer source code was not a “material witness” and accordingly could not be
compelled to answer a subpoena in this state pursuant to section 942.02, Florida Statutes
(2005), because the information sought was not “material’” to the DUI prosecution,
meaning it did not bear on an issue in the case....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1527, 1985 Fla. App. LEXIS 14632
...3), the Uniform Law to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings. Appellants contend that the Florida trial court failed to make an independent determination of materiality and necessity as required by section 942.02(2), Florida Statutes (1983)....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6248
...ON MOTION TO STAY Appellant, Isadore Terl, has appealed from an order compelling his attendance as a witness before a. Baltimore, Maryland Grand Jury under the provisions of the Uniform Interstate Extradition of Witnesses Act (Ch. 942, F.S. 1969, F.S.A.). Pursuant to § 942.02(2) of said Act the court below found; among other things, that the appellant is a necessary and material witness to the matters before the aforesaid Grand Jury, that his attendance before it “will not cause undue hardship upon him” and it thereupon ordered his appearance....
...ort thereof; 1 and secondly, in the alternative, he alleges that he presently has a serious heart condition and is physically unable to make the trip to Maryland. In arguing his first point, appellant apparently finds great solace in the language of § 942.02(2), supra, which provides in pertinent part as follows: “If at a hearing the judge determines that the witness is material and necessary * * * [and] * * * that it will not cause undue hardship to the witness to be compelled to attend and...
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 10082, 1999 WL 543262
HAZOURI, J. Rushton Skakel, Sr. appeals from a final order compelling him to appear and testify before a grand jury in Connecticut pursuant to section 942.02, Florida Statutes (1997)....
...The affidavit went on to state that a Mildred lx, Skakel’s former neighbor, indicated that on at least one occasion Skakel had discussed his concerns about members of his family’s possible involvement in the murder. Skakel currently resides in Martin County, Florida. Pursuant to section 942.02, a hearing was set before the trial judge to determine whether the witness could provide information that was material and necessary to the grand jury investigation and whether or not it would cause undue hardship to require the witness to travel to Connecticut to attend and testify before the grand jury....
...re 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. § 942.02(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7210
involved here is authorized by and in conformity to §
942.02 Fla.Stat., F.S.A. On remand of this cause to the
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 5959, 2006 WL 1148642
...e records custodian for the South Florida Money Laundering Strike Force were to be produced in New York. The certificate was presented to the (Florida) court — the Circuit Court for the 11th Judicial Circuit — and a proceeding begun, pursuant to section 942.02, in the Florida court....
...This is a civil proceeding, see Application of the People of the State of New York,
100 So.2d 149 (Fla. 1958), rev'd on other grounds,
359 U.S. 1 ,
79 S.Ct. 564 ,
3 L.Ed.2d 585 (1959). The order under review is a final one, thus reviewable by appeal. . Section
942.02, Florida Statutes, sets out the procedure for the State Court wherein the criminal proceeding is pending to seek to compel witnesses in another state to appear before the court.
