Hawaii Revised Statutes 835. Securing Attendance of Witness by Material Witness Order

• 835-1 Material Witness Order; Defined.
  A material witness order is a court order (1) adjudging a person a material witness in a pending criminal action and (2) fixing bail...
• 835-2 Material Witness Order; When Authorized; by What Courts Issuable; Duration Thereof.
  (a) A material witness order may be issued upon the ground that there is a reasonable cause to believe that a person whom the...
• 835-3 Material Witness Order; Commencement of Proceeding by Application; Procurement of Appearance of Prospective Witness.
  (a) A proceeding to adjudge a person a material witness must be commenced by application to the appropriate court, made in writing and subscribed...
• 835-4 Material Witness Order; Arraignment.
  (a) When the prospective witness appears before the court, the court must inform the prospective witness of the nature and purpose of the proceeding,...
• 835-5 Material Witness Order; Hearing, Determination and Execution of Order.
  (a) The hearing upon the application must be conducted as follows: (1) The applicant has the burden of proving by a preponderance of the...
• 835-6 Material Witness Order; Vacation, Modification and Amendment Thereof.
  (a) At any time after a material witness order has been issued the court must, upon application of such witness, with notice to the...
• 835-7 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 the witness' appearance...
• 835-8 Material Witness Order; Witness Fee.
  A witness held in the custody of the chief of police as a result of a material witness order must be paid the sum...

Last modified: October 27, 2016