§ 620.50 Material witness order; hearing, determination and execution of\n order.\n 1. The hearing upon the application must be conducted as follows:\n (a) The applicant has the burden of proving by a preponderance of the\nevidence all facts essential to support a material witness order, and\nany testimony so adduced must be given under oath;\n (b) The prospective witness may testify under oath or may make an\nunsworn statement;\n (c) The prospective witness may call witnesses in his behalf, and the\ncourt must cause process to be issued for any such witness whom he\nreasonably wishes to call, and any testimony so adduced must be given\nunder oath;\n (d) Upon the hearing, evidence tending to demonstrate that the\nprospective witness does or does not possess information material to the\ncriminal action in issue, or that he will or will not be amenable or\nrespond to a subpoena at the time his attendance will be sought, is\nadmissible even though it consists of hearsay.\n 2. If the court is satisfied after such hearing that there is\nreasonable cause to believe that the prospective witness (a) possesses\ninformation material to the pending action or proceeding, and (b) will\nnot be amenable or respond to a subpoena at a time when his attendance\nwill be sought, it may issue a material witness order, adjudging him a\nmaterial witness and fixing bail to secure his future attendance.\n 3. A material witness order must be executed as follows:\n (a) If the bail is posted and approved by the court, the witness must,\nas provided in subdivision two of section 510.40 of this part, be\nreleased and be permitted to remain at liberty; provided that, where the\nbail is posted by a person other than the witness himself, he may not be\nso released except upon his signed written consent thereto;\n (b) If the bail is not posted, or if though posted it is not approved\nby the court, the witness must, as provided in subdivision two of\nsection 510.40 of this part, be committed to the custody of the sheriff.\n
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