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RSA 597:6-d · Release or Detention of Material Witness

597:6-d Release or Detention of Material Witness. – 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 justice of the court in which the defendant will be tried may order the arrest of the person and treat the person in accordance with the provisions of RSA 597:2. No material witness may be detained because of inability to comply with any condition of release if the trial 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 trial deposition of the witness may be taken. Source. 1988, 110:5. 1989, 386:5, eff. June 5, 1989.

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Source note

Source. 1988, 110:5. 1989, 386:5, eff. June 5, 1989.

Source history

  • 1988, 110:5
  • 1989, 386:5, eff. June 5, 1989

Related materials

Bill relationships

  • 2026 HB1509 reference · effective 2027-01-01

    JUDICIAL IMMUNITY 490-L:1 Limitation of Judicial Immunity. I. Any judge or other member of the judiciary who sits in a judicial capacity and makes determinations pursuant to RSA 597 regarding the release of criminal defendants pending trial may be held liable for civil negligence if all of the following are met: (a) The criminal defendant being released pursuant to RSA 597 is being released: (

  • 2026 HB1509-FN reference · effective 2027-01-01

    JUDICIAL IMMUNITY 490-L:1 Limitation of Judicial Immunity. I. Any judge or other member of the judiciary who sits in a judicial capacity and makes determinations pursuant to RSA 597 regarding the release of criminal defendants pending trial may be held liable for civil negligence if all of the following are met: (a) The criminal defendant being released pursuant to RSA 597 is being released: (