§835-6  Material witness order; vacation,
modification and amendment thereof.  (a)  At any time after a material
witness order has been issued the court must, upon application of such witness,
with notice to the party upon whose application the order was issued, and with
opportunity to be heard, make inquiry whether by reason of new or changed facts
or circumstances the material witness order is no longer necessary or
warranted, or, if it is, whether the original bail currently appears
excessive.  Upon making any such determination, the court must vacate the
order.  If its determination is that the order is no longer necessary or
warranted, it must, as the situation requires, either discharge the witness
from custody or exonerate the bail.  If its determination is that the bail is
excessive, it must issue a new order fixing bail in a lesser amount or on less
burdensome terms.



(b)  At any time when a witness is at liberty
upon bail pursuant to a material witness order, the court may, upon application
of the party upon whose application the order was issued, with notice to the
witness if possible and to the witness' attorney if any and opportunity to be
heard, make inquiry whether, by reason of new or changed facts or
circumstances, the original bail is no longer sufficient to secure the future
attendance of the witness at the pending action.  Upon making such a
determination, the court must vacate the order and issue a new order fixing
bail in a greater amount or on terms more likely to secure the future attendance
of the witness. [L 1971, c 214, pt of §1; HRS §718-6; ren L 1972, c 9, pt of
§1; gen ch 1985]