§804-15  Recognizance.  In all cases
where a magistrate either commits for trial or bail the accused, the magistrate
may cause each of the witnesses who has been examined and has testified to any
material fact or circumstance in the case to enter into a recognizance, with or
without surety, at the magistrate's discretion, in a sum fixed by the
magistrate, conditioned for the witness' appearance at the sitting of the court
at which the accused is bound or committed to appear.  If a witness refuses to
sign the recognizance when required, the witness may be committed to jail by
the order of the magistrate, and shall be confined until the witness is brought
before the court to testify, or until the witness gives the recognizance. [PC
1869, c 50, §13; RL 1925, §3991; RL 1935, §5445; RL 1945, §10745; RL 1955,
§256-15; HRS §709-15; ren L 1972, c 9, pt of §1; gen ch 1985]



 



Rules of Court



 



  See HRPP rule 15(a), deposition of witness.



 



Case Notes



 



  Defendant cannot attack this section as unconstitutional; not
error to decline to order sheriff to allow counsel for defense to have private
interview with certain witnesses for prosecution who are in custody.  11 H.
293.