Ohio Code § 2939.26
Ohio Code § 2939.26. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 2939.26.
If a judge of a court of record in any state which by its laws has made provision
for commanding persons within that state to attend and testify in this 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 being within this state is a material witness in such prosecution or grand
jury investigation, 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 this state 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. If at a hearing such judge determines that the witness is material and necessary,
that it will not cause undue hardship to the witness to be compelled to attend and
testify in the prosecution or grand jury investigation in the other state, and that
the laws of the state in which the prosecution is pending, or grand jury investigation
has commenced or is about to commence, and of any other state through which the witness
may be required to pass by ordinary course of travel, will give to him protection
from arrest and the service of civil and criminal process, he shall issue a summons,
with a copy of the certificate attached, directing the witness to attend and testify
in the court where 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 is prima-facie evidence of all the facts stated
therein. If said certificate recommends that the witness be taken into immediate custody and
delivered to an officer of the requesting state to assure his attendance in the requesting
state, such judge may, in lieu of notification of the hearing, direct that such witness
be forthwith brought before him for said hearing. If the judge at the hearing is satisfied of the desirability of such custody and
delivery, for which determination the certificate is prima-facie proof of such desirability,
he may, in lieu of issuing subpoena or summons, order that said witness be forthwith
taken into custody and delivered to an officer of the requesting state. If the witness, who is summoned as provided in this section, after being paid or tendered
by some properly authorized person the sum of ten cents a mile for each mile by the
ordinary traveled route to and from the court where the prosecution is pending and
five dollars for each day, that he is required to travel and attend as a witness,
fails without good cause to attend and testify as directed in the summons, he 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.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 2939.26
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 2939.26?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 2939.26 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 2939.26 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
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