620.50 - Material witness order; hearing, determination and execution of order.

§  620.50   Material witness order; hearing, determination and execution               of order.    1.  The hearing upon the application must be conducted as follows:    (a)  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 must be given under oath;    (b)    The  prospective  witness may testify under oath or may make an  unsworn statement;    (c)  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  wishes  to  call, and any testimony so adduced must be given  under oath;    (d)   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.    2.    If  the  court  is  satisfied  after  such hearing that there is  reasonable cause to believe that the prospective witness  (a)  possesses  information  material  to the pending action or proceeding, and (b) 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.    3.  A material witness order must be executed as follows:    (a)  If the bail is posted and approved  by  the  court,  the  witness  must,  as  provided  in subdivision three of section 510.40, 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;    (b)  If the bail is not posted, or if though posted it is not approved  by the court, the witness must, as  provided  in  subdivision  three  of  section 510.40, be committed to the custody of the sheriff.