Local Rule 9.0: Recalcitrant Witnesses
Local Rules and Internal Operating Procedures of the First Circuit — Title II. Appeal from a Judgment or Order of a District Court
(a) A recalcitrant witness who is held in contempt for refusal to testify is entitled to disposition of the recalcitrant witness’s appeal within thirty days if the recalcitrant witness is denied bail, and the government is entitled to equal promptness if bail is granted. The unsuccessful party on the bail issue may waive the thirty day statutory requirement by filing a written waiver with the clerk of this court.
(b) The district court shall allow bail, with or without surety, unless the appeal appears frivolous, but a condition shall be the filing of a notice of appeal forthwith, and obedience to all subsequent orders with respect to briefing and argument. Except for cause shown the district court shall not, in any case, order a witness committed for the first forty-eight hours after the date of the order.
(c) The appeal shall be docketed immediately, and the district court’s order on bail may be reviewed by the court of appeals or a judge thereof.