[§806-87]  Evidence at hearing on motion to
dismiss.  (a)  The defendant may introduce evidence at the hearing.  The
defendant may also subpoena and call witnesses if the motion is accompanied by
a declaration stating that counsel for the defendant (or the defendant if
appearing without counsel) has a good faith basis to believe that each witness
subpoenaed will provide specific testimony to help demonstrate that the
information and its exhibit or exhibits do not establish the existence of
probable cause to believe that the offense charged has been committed or
probable cause to believe that the defendant committed the offense charged.



(b)  The court may, in its discretion, permit
the State to call witnesses, introduce evidence, or otherwise supplement the
exhibit or exhibits appended to the information. [L 2004, c 62, pt of §1]