§835-3 Material witness order; commencement of proceeding by application; procurement of appearance of prospective witness. (a) A proceeding to adjudge a person a material witness must be commenced by application to the appropriate court, made in writing and subscribed and sworn to by the applicant, demonstrating reasonable cause to believe the existence of facts, as specified in section 835-2(a), warranting the adjudication of the person as a material witness.
(b) If the court is satisfied that the application is well-founded, the prospective witness may be compelled to appear in response thereto as follows:
(1) The court may issue an order directing the prospective witness to appear therein at a designated time in order that a determination may be made whether the prospective witness should be adjudged a material witness and, upon personal service of the order or a copy thereof within the State, the prospective witness shall so appear; and
(2) If in addition to the allegations specified in section 835-2(a), the application contains further allegations demonstrating to the satisfaction of the court reasonable cause to believe that:
(A) The witness would be unlikely to respond to such an order; or
(B) After previously having been served with such an order, the witness did not respond thereto,
the court may issue a warrant addressed to a police officer, directing the officer to take the prospective witness into custody within the State and to bring the prospective witness before the court forthwith in order that a proceeding may be conducted to determine whether the prospective witness is to be adjudged a material witness. [L 1971, c 214, pt of §1; HRS §718-3; ren L 1972, c 9, pt of §1; gen ch 1985; am L 2015, c 35, §34]
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