Section 620.40. Material witness order; arraignment  


Latest version.
  • 1.    When the prospective witness appears before the court, the court
      must inform him of the nature and purpose of the proceeding, and that he
      is entitled to a prompt hearing upon the issue of whether he  should  be
      adjudged  a material witness.  The prospective witness possesses all the
      rights, and is entitled to all the court instructions, with  respect  to
      right  to  counsel,  opportunity  to  obtain  counsel  and assignment of
      counsel in case of financial inability to retain such,  which,  pursuant
      to  subdivisions  three  through  five  of  section  180.10, accrue to a
      defendant arraigned upon a felony complaint in a local criminal court.
        2.   If the  proceeding  is  adjourned  at  the  prospective  witness'
      instance,  for  the purpose of obtaining counsel or otherwise, the court
      must order him to appear upon the adjourned date.  The court may further
      fix bail to secure his appearance upon such date or until the proceeding
      is completed and, upon default thereof, may commit him to the custody of
      the sheriff for such period.