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Rule 7C. Material Witnesses-Procedure for Bond and Warrants.

 

(a) Warrant. If it appears from an affidavit filed by a party that amaterial witness in a pending case will not appear and testify, a magistratemay issue a warrant and fix bail with or without sureties in a sum consideredadequate for the appearance of the witness.

 

(b) Hearing. If the witness is arrested on a warrant issued by themagistrate, the custodial authority shall notify the issuing magistrate beforethe end of the next business day. The magistrate shall provide a hearing toaddress bail and release conditions for the witness within three business daysor, upon a showing of good cause, within a reasonable period of time. Thewitness shall be entitled to be represented by counsel. The court shall appointcounsel for an indigent witness if required to protect the rights of thewitness.

 

(c) Examining witness. If necessary to secure the testimony of thewitness, the magistrate may order that the witness remain in custody for areasonable period of time so the witness can be examined and cross-examinedbefore the magistrate in the presence of the defendant. The testimony shall berecorded. The witness shall then be released unless further detention isnecessary to prevent a failure of justice.

 

(d) Use of testimony. If the witness is unavailable or fails to appearat any subsequent hearing or trial when ordered to do so, the recordedtestimony may be used at the hearing or trial in lieu of the personal testimonyof the witness.

 

Effective May 1, 2019