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This entry was published on 2014-09-22
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SECTION 620.30
Material witness order; commencement of proceeding by application; procurement of appearance of prospective witness
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE R, ARTICLE 620
§ 620.30 Material witness order; commencement of proceeding by

application; procurement of appearance of prospective

witness.

1. 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 subdivision one of
section 620.20, warranting the adjudication of such person as a material
witness.

2. If the court is satisfied that the application is well founded,
the prospective witness may be compelled to appear in response thereto
as follows:

(a) The court may issue an order directing him to appear therein at a
designated time in order that a determination may be made whether he
should be adjudged a material witness, and, upon personal service of
such order or a copy thereof within the state, he must so appear.

(b) If in addition to the allegations specified in subdivision one,
the application contains further allegations demonstrating to the
satisfaction of the court reasonable cause to believe that (i) the
witness would be unlikely to respond to such an order, or (ii) after
previously having been served with such an order, he did not respond
thereto, the court may issue a warrant addressed to a police officer,
directing such officer to take such prospective witness into custody
within the state and to bring him before the court forthwith in order
that a proceeding may be conducted to determine whether he is to be
adjudged a material witness.