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Rule 59

Rule 59. Material Witnesses.

(a) When the court has good cause to believe that anymaterial witness in a case will not appear and testify unless bond is required,the court may fix a bond with or without sureties, and in a sum the courtconsiders adequate, for the appearance of the witness.

(b) If the witness fails or refuses to post the bond withthe clerk of the court, or the court deems it otherwise appropriate, the courtmay commit the witness to jail, detention, or other place of custody until thewitness complies or is otherwise legally discharged. If bail is not ordered,the court shall make specific findings for detaining the witness.

(c)(1) If the witness does provide bond when required, thewitness may be examined and cross-examined before the court in the presence ofthe minor and the testimony shall be recorded. The witness shall then bedischarged.

(c)(2) If the witness is unavailable or fails to appear atany subsequent hearing or trial when ordered to do so, the recorded testimonymay be used at the hearing or trial in lieu of the personal testimony of thewitness.