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; […]
620.60 – Material Witness Order; Vacation, Modification and Amendment Thereof.
§ 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 […]
620.70 – Material Witness Order; Compelling Attendance of Witness Who Fails to Appear.
§ 620.70 Material witness order; compelling attendance of witness who fails to appear. If a witness at liberty on bail pursuant to a material witness order cannot be found or notified at the time his appearance as a witness is required, or if after notification he fails to appear in such action or proceeding as […]
620.80 – Material Witness Order; Witness Fee.
§ 620.80 Material witness order; witness fee. A witness held in the custody of the sheriff as a result of a material witness order must be paid the sum of three dollars per day for each day of confinement in such custody. Such compensation is a county charge and is payable upon release of such […]
610.40 – Securing Attendance of Witnesses by Subpoena; How and by Whom Subpoena May Be Served.
§ 610.40 Securing attendance of witnesses by subpoena; how and by whom subpoena may be served. A subpoena may be served by any person more than eighteen years old. Service must be made in the manner provided by the civil practice law and rules for the service of subpoenas in civil cases.
610.50 – Securing Attendance of Witness by Subpoena; Fees.
§ 610.50 Securing attendance of witness by subpoena; fees. 1. A witness subpoenaed by the people in a criminal action is entitled to the same fees and mileage as a witness in a civil action, payable by the treasurer of the county upon the certificate of the court or the clerk thereof, stating the number […]
610.25 – Securing Attendance of Witness by Subpoena; Possession of Physical Evidence.
§ 610.25 Securing attendance of witness by subpoena; possession of physical evidence. 1. Where a subpoena duces tecum is issued on reasonable notice to the person subpoenaed, the court or grand jury shall have the right to possession of the subpoenaed evidence. Such evidence may be retained by the court, grand jury or district attorney […]
610.10 – Securing Attendance of Witnesses by Subpoena; in General.
§ 610.10 Securing attendance of witnesses by subpoena; in general. 1. Under circumstances prescribed in this article, a person at liberty within the state may be required to attend a criminal court action or proceeding as a witness by the issuance and service upon him of a subpoena. 2. A “subpoena” is a process of […]
610.20 – Securing Attendance of Witnesses by Subpoena; When and by Whom Subpoena May Be Issued.
§ 610.20 Securing attendance of witnesses by subpoena; when and by whom subpoena may be issued. 1. Any criminal court may issue a subpoena for the attendance of a witness in any criminal action or proceeding in such court. 2. A district attorney, or other prosecutor where appropriate, as an officer of a criminal court […]