Subpoenas

22-3214. Subpoenas. (1) The prosecution and any person charged with a crime shall be entitled to the use of subpoenas and other compulsory process to obtain the attendance of witnesses. Except as otherwise provided by law, such subpoenas and other compulsory process shall be issued and served in the same manner and the disobedience thereof punished the same as in civil cases. (2) All courts having criminal jurisdiction shall have the power to compel the attendance of witnesses from any county in the state to testify either for the prosecution or for the defendant and to direct law enforcement officers to serve subpoenas to obtain the attendance of witnesses at all proceedings conducted by the court anytime after the arrest of any person. (3) It shall not be necessary to tender any fee or mileage allowance to any witness when he is served with a subpoena to attend any criminal case and give testimony either on behalf of the prosecution or the defendant. History: L. 1970, ch. 129, § 22-3214; L. 1994, ch. 286, § 2; July 1. Source or Prior Law: 62-1308, 62-1309, 62-1310, 62-1311, 62-1312, 62-1313, 62-1314, 62-1315, 62-1906. Law Review and Bar Journal References: "Trial," K.L.R., Criminal Procedure Edition, 21 (1989). Survey of Recent Cases, 43 K.L.R. 991 (1995). Attorney General's Opinions: Prioritization of subpoenas for attendance of a witness; contempt. 94-166. CASE ANNOTATIONS 1. Error to deny defendant right to issue a subpoena duces tecum to examine medical records pertaining to complainant. State v. Humphrey, 217 Kan. 352, 361, 537 P.2d 155. 2. Section construed; magistrate's refusal to enforce subpoenas duces tecum at preliminary hearing not prejudicial error under facts of case. State v. Adams, 218 Kan. 495, 502, 545 P.2d 1134. 3. Mentioned; trial court erred in not issuing bench warrant for a minor who was material witness. State v. Jones, 226 Kan. 503, 509, 601 P.2d 1135. 4. Provisions hereunder along with K.S.A. 22-2902a regarding forensic examiner, provide defendant with constitutional protection at preliminary hearing. State v. Sherry, 233 Kan. 920, 930, 931, 667 P.2d 367 (1983). 5. Cited; complaining witness not subject to discovery (K.S.A. 22-3212); attorney hired to assist prosecution (K.S.A. 19-717) subject to limited discovery. State v. Dressel, 241 Kan. 426, 432, 436, 738 P.2d 830 (1987). Reversing 11 Kan. App. 2d 552, 729 P.2d 1245 (1986). 6. Cited; authority to issue subpoenas includes authority to issue subpoenas duces tecum. Tiller v. Corrigan, 286 Kan. 30, 38, 182 P.3d 719 (2008). 7. Duties under K.S.A. 22-3212 discussed. State v. Wilson, 41 Kan. App. 2d 37, 200 P.3d 1283 (2009). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026