New York statute
N.Y. Criminal Procedure Law § 620.30 — Material witness order; commencement of proceeding by application; procurement of appearance of prospective witness
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 620: Securing Attendance of Witnesses By Material Witness Order, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 620.30
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
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This reference is informational and is not legal advice.