13-4083. Procedure when witness does not give
security
A. If a witness required to enter into an undertaking to appear to testify either
with or without security refuses compliance with the order for that purpose, the
magistrate shall commit him to custody until he complies or is legally discharged.
B. When it satisfactorily appears by examination on oath of the witness or any
other person that the witness is unable to give further security as provided in section
13-4082, the magistrate shall make an order finding such fact and the witness shall be
detained pending application for his conditional examination. Within three days from the
entry of such order, the witness so detained may be conditionally examined in behalf of
the state or the defendant on application made for that purpose. Such examination shall
be by question and answer in the presence of the other party, or when a witness for the
state is being examined, after notice to the defendant if on bail. The examination shall
be conducted in the same manner as the examination of witnesses before a committing
magistrate is required to be conducted. At the completion of the examination the witness
shall be discharged, and his testimony may be admitted in evidence at the trial under the
same conditions and for the same purpose as the testimony of a defendant or witness
testifying at a preliminary hearing.
C. If no conditional examination is held within the period of three days, the
witness so detained shall be forthwith discharged.
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