§836-3  Witness from another state summoned
to testify in this State.  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 State, is a material witness in a prosecution pending in a
court of record in this State, 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.  The certificate may include a
recommendation that the witness be taken into immediate custody and delivered
to an officer of this State to assure the witness' attendance in this State. 
This certificate shall be presented to a judge of a court of record in the
judicial district in which the witness is found.



If the witness is summoned to attend and
testify in this State the witness shall be tendered a sum equivalent to the
cost of round-trip air fare to the place where the prosecution is pending and
$60 for each day that the witness is required to travel and attend as a
witness.  A witness who has appeared in accordance with the provisions of the summons
shall not be required to remain within this State a longer period of time than
the period mentioned in the certificate, unless otherwise ordered by the
court.  If such witness, after coming into this State, fails without good cause
to attend and testify as directed in the summons, the witness 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 State. [L 1971, c 116, §3; HRS §719-3;
ren L 1972, c 9, pt of §1; am L 1980, c 307, §1; gen ch 1985]



 



Hawaii Legal Reporter Citations



 



  Procedure should have been used.  81-1 HLR 810625.