§835-2 Material witness order; when authorized; by what courts issuable; duration thereof. (a) A material witness order may be issued upon the ground that there is a reasonable cause to believe that a person whom the people or the defendant desire to call as a witness in a pending criminal action:

(1) Possesses information material to the determination of the action; and

(2) Will not be amenable or responsive to a subpoena at a time when the person's attendance will be sought.

(b) A material witness order may be issued only when:

(1) An indictment, information, or felony complaint has been filed in a circuit or family court and is currently pending therein;

(2) A grand jury proceeding has been commenced and is currently pending; or

(3) A felony complaint has been filed with a district court and is currently pending therein.

(c) The following courts may issue material witness orders under the indicated circumstances:

(1) When an indictment, an information, or a felony complaint has been filed, or a grand jury proceeding has been commenced, or a defendant has been held by a district or family court for the action of a grand jury, a material witness order may be issued only by the circuit or family court in which the indictment is pending or by the grand jury that has been or will be impaneled; and

(2) When a felony complaint is currently pending in a district court, a material witness order may be issued either by that court or by the circuit or family court that would have jurisdiction of the case upon indictment by the grand jury or upon a finding of probable cause by a district court.

(d) Unless vacated pursuant to section 835-6, a material witness order remains in effect during the following periods of time under the indicated circumstances:

(1) An order issued by a circuit or family court under the circumstances prescribed in subsection (c)(1) remains in effect during the pendency of the criminal action in the circuit court or family court; and

(2) An order issued by a district or family court under circumstances prescribed in subsection (c)(2), remains in effect:

(A) Until the disposition of the felony complaint pending in the court;

(B) If the defendant is held for the action of the grand jury, during the pendency of the grand jury proceeding;

(C) If an indictment results, for a period of ten days following the filing of the indictment; and

(D) If within the ten-day period, the order is endorsed by the circuit or family court in which the indictment was pending, during the pendency of the action in the circuit or family court. Upon the endorsement, the order is deemed to be that of the circuit or family court. [L 1971, c 214, pt of §1; HRS §718-2; ren L 1972, c 9, pt of §1; gen ch 1985; am L 2018, c 99, §1]

Revision Note

In subsection (b)(1), "or" deleted and in subsection (d)(2), (i) to (iv) reformatted as subparagraphs (A) to (D) and "and" deleted subparagraphs (A) and (B) pursuant to §23G-15.