Material Witnesses

(a) If it appears by affidavit that the testimony of a person is material in any criminal proceeding and if it is shown that it may become impracticable to secure his presence by subpoena, the court may order him to be taken into custody and thereafter released in the manner and subject to the conditions provided by §§ 40.15 and 40.20. Such person shall be entitled to review of the release decision in the manner provided by §§ 40.50 and 40.80. (b) No material witness shall be detained because of his inability to comply with any condition of release, if his testimony can be adequately secured by deposition, and further detention it is not necessary to prevent a failure of justice. Release may be delayed for a reasonable period of time until the deposition of the witness can be taken. NOTE: Section 75.40 is based on former Rule 46(b) and § 3149 of Title 18 of the United States Code. It supersedes former §§ 878-882 and Subdivision (b) of former Rule 46. See also former § 1332. For provisions relating to depositions, see §§ 70.50- 70.80.