New York Criminal Procedure Law Section 620.30 - Material witness order; commencement of proceeding by application; procurement of appearance of prospective witness.

620.30    Material  witness  order;  commencement  of  proceeding  by
           application;  procurement  of  appearance  of   prospective
           witness.
1.    A  proceeding  to  adjudge  a  person a material witness must be
  commenced by application to the appropriate court, made in  writing  and
  subscribed and sworn to by the applicant, demonstrating reasonable cause
  to  believe  the  existence of facts, as specified in subdivision one of
  section 620.20, warranting the adjudication of such person as a material
  witness.
2.  If the court is satisfied that the application  is  well  founded,
  the  prospective  witness may be compelled to appear in response thereto
  as follows:
(a)  The court may issue an order directing him to appear therein at a
  designated time in order that a determination may  be  made  whether  he
  should  be  adjudged  a  material witness, and, upon personal service of
  such order or a copy thereof within the state, he must so appear.
(b)  If in addition to the allegations specified in  subdivision  one,
  the  application  contains  further  allegations  demonstrating  to  the
  satisfaction of the court reasonable  cause  to  believe  that  (i)  the
  witness  would  be  unlikely  to respond to such an order, or (ii) after
  previously having been served with such an order,  he  did  not  respond
  thereto,  the  court  may issue a warrant addressed to a police officer,
  directing such officer to take such  prospective  witness  into  custody
  within  the  state  and to bring him before the court forthwith in order
  that a proceeding may be conducted to determine  whether  he  is  to  be
  adjudged a material witness.

Last modified: February 3, 2019