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The Honorable Quillian S. Yancey State Attorney Tenth Judicial Circuit

QUESTION:

When a witness lives in another state and `more than 50 miles from the 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. 92.142, F.S., applies to an out-of-state…