13-4083
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13-4083. Procedure when witness does not give security A. If a witness required to enter into an undertaking to appear to testify either with or without security refuses compliance with the order for that purpose, the magistrate shall commit him to custody until he complies or is legally discharged. B. When it satisfactorily appears by examination on oath of the witness or any other person that the witness is unable to give further security as provided in section 13-4082, the magistrate shall make an order finding such fact and the witness shall be detained pending application for his conditional examination. Within three days from the entry of such order, the witness so detained may be conditionally examined in behalf of the state or the defendant on application made for that purpose. Such examination shall be by question and answer in the presence of the other party, or when a witness for the state is being examined, after notice to the defendant if on bail. The examination shall be conducted in the same manner as the examination of witnesses before a committing magistrate is required to be conducted. At the completion of the examination the witness shall be discharged, and his testimony may be admitted in evidence at the trial under the same conditions and for the same purpose as the testimony of a defendant or witness testifying at a preliminary hearing. C. If no conditional examination is held within the period of three days, the witness so detained shall be forthwith discharged. |