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This entry was published on 2014-09-22
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SECTION 620.60
Material witness order; vacation, modification and amendment thereof
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE R, ARTICLE 620
§ 620.60 Material witness order; vacation, modification and amendment

thereof.

1. At any time after a material witness order has been issued the
court must, upon application of such witness, with notice to the party
upon whose application the order was issued, and with opportunity to be
heard, make inquiry whether by reason of new or changed facts or
circumstances the material witness order is no longer necessary or
warranted, or, if it is, whether the original bail currently appears
excessive. Upon making any such determination, the court must vacate
the order. If its determination is that the order is no longer
necessary or warranted, it must, as the situation requires, either
discharge the witness from custody or exonerate the bail. If its
determination is that the bail is excessive, it must issue a new order
fixing bail in a lesser amount or on less burdensome terms.

2. At any time when a witness is at liberty upon bail pursuant to a
material witness order, the court may, upon application of the party
upon whose application the order was issued, with notice to the witness
if possible and to his attorney if any and opportunity to be heard, make
inquiry whether, by reason of new or changed facts or circumstances, the
original bail is no longer sufficient to secure the future attendance of
the witness at the pending action. Upon making such a determination,
the court must vacate the order and issue a new order fixing bail in a
greater amount or on terms more likely to secure the future attendance
of the witness.