§3144 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

If a party files a sworn statement that a needed witness likely cannot be forced to come to court, a judge may order that witness arrested and follow the usual pretrial detention rules. The witness can't be kept just because they fail release terms if a deposition will get their testimony, though release may be briefly delayed to take that deposition under federal rules.

Title 18, §3144

Crimes and Criminal Procedure — Source: USLM XML via OLRC

If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions of section 3142 of this title. No material witness may be detained because of inability to comply with any condition of release if the testimony of such witness can adequately be secured by deposition, and if further detention is not necessary to prevent a failure of justice. Release of a material witness may be delayed for a reasonable period of time until the deposition of the witness can be taken pursuant to the Federal Rules of Criminal Procedure.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to this title.

Prior Provisions

A prior section 3144, act June 25, 1948, ch. 645, 62 Stat. 821, related to cases removed from State courts, prior to repeal in the revision of this chapter by section 203(a) of Pub. L. 98–473.

Amendments

1986—Pub. L. 99–646 substituted “subpoena” for “subpena” and inserted “of this title”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–646 effective 30 days after Nov. 10, 1986, see section 55(j) of Pub. L. 99–646, set out as a note under section 3141 of this title.

§3144 Release or detention of a material witness