CopyCited 14 times | Published | Supreme Court of Florida | 2002 WL 31719355
...At the time of the evidentiary hearing, Haines resided in California. Roberts repeatedly asked the trial court to issue a certificate of materiality so that a subpoena could be obtained to compel Haines' appearance at the evidentiary hearing. The State objected, arguing that section 942.03(1), Florida Statutes (1997), which governs out-of-state subpoenas, is only applicable in criminal prosecutions or grand jury proceedings, and postconviction proceedings do not qualify as criminal prosecutions under the statute....
...Roberts argues that he was denied a full and fair evidentiary hearing on this claim by the court's refusal to issue a certificate of materiality in order to compel Haines' appearance at the hearing. The State asserts that postconviction proceedings are civil and thus not covered by section 942.03(1), which only specifies that a material witness in another state may be summoned in a pending prosecution or grand jury investigation....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2356368
...General Motors, Corp. v. State,
357 So.2d 1045 (Fla. 3d DCA 1978), where the request is for testimony and production of documents? The second certified question is: If so, is the source code for the Intoxilyzer 5000 "material" within the meaning of §
942.03? The State has appealed....
...he request is for testimony and production of documents. The Uniform Law contains a procedure by which a court of this state may obtain the attendance of a material witness from another state in a pending prosecution or *39 grand jury investigation. § 942.03, Fla....
...We align ourselves with the prevailing rule and answer the first certified question "yes." The Uniform Law authorizes a request for testimony accompanied by a request for production of documents. [2] II. The second certified question asks. "[I]s the source code for the Intoxilyzer 5000 `material' within the meaning of § 942.03?" A....
...ts for certification. Under the agreed procedure, each county court judge would be free to enter his or her own order granting or denying the motion for certification. At the conclusion of the hearing, Judge Edward Newman granted certification under section 942.03, Florida Statutes (2005), and, as already explained, certified two questions of great public importance to this court. B. As stated previously, the Uniform Law sets forth the procedure to compel a witness from another state to appear and testify in this state. § 942.03(1), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2006 WL 1144187
...and her mother seemed cooperative with the State until shortly before trial, which necessitated a request for continuance by the State. Two days after receiving a continuance on July 17, 2002, the State on July 19, 2002 sought and was granted a Certificate of Interstate Extradition from Orange County circuit court. See § 942.03, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 14664, 2011 WL 4102296
...e witnesses may be compelled to participate in criminal proceedings. Yeary v. State, 289 Ga. 394, 711 S.E.2d 694, 696 (2011). The requesting court must certify that the witness is material and specify the number of days the witness will be required. § 942.03(1)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1991 Fla. App. LEXIS 7028, 1991 WL 134055
...e require submission of the case to a jury. WARNER, J., and WALDEN, JAMES H., Senior Judge, concur. . In dismissing the charges against appellee, the trial court also relied upon State v. Inciarrano,
473 So.2d 1272 (Fla.1985), for the principle that section
942.03 protects only those communications in which the speaker has a justifiable expectation of privacy....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2013 WL 5226108, 2013 Fla. App. LEXIS 14847
...s the existing distinction between in-county and out-of-county witnesses in both sentences essentially meaningless. Such an interpretation- would also be in contravention of the uniform law for the attendance of witnesses from outside the state. See § 942.03, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 804, 2013 WL 5942299, 2013 Fla. LEXIS 2420
...Stud-nicki and Apol, Witness Detention and Intimidation: The History and Future of Material Witness Law, 76 St. John’s L.Rev. 483, 532 (2002); Wasserman, The Subpoena Power: Pennoyer's Last Vestige, 74 Minn. L.Rev. 37, 88 (1989). Yeary v. State, 289 Ga. 394 , 711 S.E.2d 694, 696 (2011). Specifically, section 942.03 of Florida’s Uniform Law provides the authority for a witness from another state to be summoned to testify in this state. Pursuant to section 942.03(1), in order to summon an out-of-state witness to appear and testify in a criminal prosecution or grand jury proceeding in this state, the Florida judge must issue a certificate under the seal of the court and assert that the out-of-state individual is a “material witness” in a pending Florida prosecution. § 942.03(1), Fla....
...tate witness to appear to testify in a Florida criminal proceeding, the Florida court cannot actually compel the out-of-state witness to take any action and cannot impose sanctions against the out-of-state witness for failing to obey. Instead, under section 942.03(1), the Florida court merely issues a certificate to the sister state court where the witness is located, so that the sister state can make certain findings and issue a summons to the witness who is appearing before that court....
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
...he location of the trial' and is requested to come to Florida and testify at a criminal trial and, in compliance with such request, appears and testifies at the trial, should such witness be compensated according to s.
92.142 , F.S., or according to s.
942.03 , F.S.? SUMMARY: In the absence of any other statutory directives or procedures (or a valid court order in a particular case), neither s.
942.03 nor s....
...thout a State in Criminal Proceedings,' provides for interstate extradition of witnesses, including summoning of witnesses in this state to testify in another state (s.
942.02 ) and summoning of witnesses from another state to testify in this state (s.
942.03 ). Section
942.03 , F.S., provides in pertinent part:
942.03 Witness from another state summoned to testify in this state....
...trial' and who `is requested to come to Florida and testify at a criminal trial and, in compliance with such request, appears and testifies at the trial . . .,' and you question whether such a witness should be compensated according to s.
92.142 or s.
942.03 , F.S. Section
92.142 , F.S., appears to apply only to persons residing in a county in Florida and would therefore not apply to the situation which your inquiry describes. Additionally, by its terms, s.
942.03 is not applicable to the stated situation either, since the witness does not appear to have been `summoned' or required to appear....
...Dictionary (5th ed.), `subpoena' and `subpoena ad testificandum'; The American Heritage Dictionary of the English Language, defining `require' as `to command, to order' and defining `request' as `to ask (a person) to do something.' The provisions of s. 942.03 do not operate unless and until a judge of a court of record in this state has issued the certificate described therein and such certificate is presented to a judge of a court of record in the other state and proper order or summons is issu...
