§835-3  Material witness order; commencement
of proceeding by application; procurement of appearance of prospective witness. 
(a)  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 835-2, warranting the
adjudication of such person as a material witness.



(b)  If the court is satisfied that the
application is well- founded, the prospective witness may be compelled to
appear in response thereto as follows:



(1)  The court may issue an order directing the
prospective witness to appear therein at a designated time in order that a determination
may be made whether the prospective witness should be adjudged a material
witness and, upon personal service of such order or a copy thereof within the
State, the prospective witness must so appear.



(2)  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, the witness 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 the
prospective witness before the court forthwith in order that a proceeding may
be conducted to determine whether the prospective witness is to be adjudged a
material witness. [L 1971, c 214, pt of §1; HRS §718-3; ren L 1972, c 9, pt of
§1; gen ch 1985]