Rule 46.3 Release or Detention of Material Witness
Rule Text
If, upon application filed by the state or the defendant and supported by oath or affidavit, it appears that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions of Rule 46.1. No material witness may be detained because of inability to comply with any condition of release if the testimony of such witness can adequately be secured by deposition, and if further detention is not necessary to prevent a failure of justice. Release of a material witness may be delayed for a reasonable period of time until the deposition of the witness can be taken pursuant to the Wyoming Rules of Criminal Procedure.
Amendment history: Amended October 30, 1992, effective January 19, 1993. Applicability to spouse. — Where defendant was on trial for aggravated assault and battery upon wife, wife was properly detained as a material witness by the state, as such was not a violation of due process, and wife’s credibility was an issue for the jury to determine. Skinner v. State, 2001 WY 102, 33 P.3d 758, 2001 Wyo. LEXIS 124 (Wyo. 2001), cert. denied, 535 U.S. 994, 122 S. Ct. 1554, 152 L. Ed. 2d 477, 2002 U.S. LEXIS 2469 (U.S. 2002).