§835-5 Material witness order; hearing, determination and execution of order. (a) The hearing upon the application must be conducted as follows:
(1) The applicant has the burden of proving by a preponderance of the evidence all facts essential to support a material witness order, and any testimony so adduced shall be given under oath;
(2) The prospective witness shall testify under oath;
(3) The prospective witness may call witnesses in his behalf, and the court must cause process to be issued for any such witness whom he reasonably wished to call, and any testimony so adduced shall be given under oath;
(4) Upon the hearing, evidence tending to demonstrate that the prospective witness does or does not possess information material to the criminal action in issue, or that he will or will not be amenable or respond to a subpoena at the time his attendance will be sought, is admissible even though it consists of hearsay.
(b) If the court is satisfied after such hearing that there is reasonable cause to believe that the prospective witness[:]
(1) Possesses information material to the pending action or proceeding[;] and
(2) Will not be amenable or respond to a subpoena at a time when his attendance will be sought[;]
it may issue a material witness order, adjudging him a material witness and fixing bail to secure his future attendance.
(c) A material witness order must be executed as follows:
(1) If the bail is posted and approved by the court, the witness must be released and be permitted to remain at liberty; provided that where the bail is posted by a person other than the witness himself, he may not be so released except upon his signed written consent thereto;
(2) If the bail is not posted, or if though posted it is not approved by the court, the witness must be committed to the custody of the chief of police. [L 1971, c 214, pt of §1; HRS §718-5; ren L 1972, c 9, pt of §1]
Revision Note
In subsection (b), (1) and (2) reformatted as paragraphs (1) and (2) pursuant to §23G-15.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.