Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)

Citation: Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)
Jurisdiction: Kentucky (state)
Source: Official source
Original Source: https://www.kycourts.gov/Courts/County-Information/Documents/ClerksManual.pdf ↗

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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