reglab/housing_qa huggingface dataset:
NY Crim Pro L § 620.40 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions Article 620 - Securing Attendance of Witnesses by Material Witness Order 620.40 - Material Witness Order; Arraignment.

§ 620.40  Material witness order; arraignment.1.    When the prospective witness appears before the court, the court   must inform him of the nature and purpose of the proceeding, and that he   is entitled to a prompt hearing upon the issue of whether he  should  be   adjudged  a material witness.  The prospective witness possesses all the   rights, and is entitled to all the court instructions, with  respect  to   right  to  counsel,  opportunity  to  obtain  counsel  and assignment of   counsel in case of financial inability to retain such,  which,  pursuant   to  subdivisions  three  through  five  of  section  180.10, accrue to a   defendant arraigned upon a felony complaint in a local criminal court.2.   If the  proceeding  is  adjourned  at  the  prospective  witness'   instance,  for  the purpose of obtaining counsel or otherwise, the court   must order him to appear upon the adjourned date.  The court may further   fix bail to secure his appearance upon such date or until the proceeding   is completed and, upon default thereof, may commit him to the custody of   the sheriff for such period.
NY Crim Pro L § 620.50 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions Article 620 - Securing Attendance of Witnesses by Material Witness Order 620.50 - Material Witness Order; Hearing, Determination and Execution of Order.

§ 620.50 Material witness order; hearing, determination and execution of              order.   1. The hearing upon the application must be conducted as follows:  (a)  The applicant has the burden of proving by a preponderance of the evidence all facts essential to support a material  witness  order,  and any testimony so adduced must be given under oath;  (b)  The  prospective  witness  may  testify under oath or may make an unsworn statement;  (c) The prospective witness may call witnesses in his behalf, and  the court  must  cause  process  to  be  issued for any such witness whom he reasonably wishes to call, and any testimony so adduced  must  be  given under oath;  (d)  Upon  the  hearing,  evidence  tending  to  demonstrate  that the prospective witness does or does not possess information material to the criminal action in issue, or that he will or will  not  be  amenable  or respond  to  a  subpoena  at  the time his attendance will be sought, is admissible even though it consists of hearsay.   2. If the  court  is  satisfied  after  such  hearing  that  there  is reasonable  cause  to believe that the prospective witness (a) possesses information material to the pending action or proceeding, and  (b)  will not  be  amenable or respond to a subpoena at a time when his attendance will be sought, it may issue a material witness order, adjudging  him  a material witness and fixing bail to secure his future attendance.   3. A material witness order must be executed as follows:  (a) If the bail is posted and approved by the court, the witness must, as  provided  in  subdivision  two  of  section  510.40 of this part, be released and be permitted to remain at liberty; provided that, where the bail is posted by a person other than the witness himself, he may not be so released except upon his signed written consent thereto;  (b) If the bail is not posted, or if though posted it is not  approved by  the  court,  the  witness  must,  as  provided in subdivision two of section 510.40 of this part, be committed to the custody of the sheriff.
NY Crim Pro L § 620.60 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions Article 620 - Securing Attendance of Witnesses by Material Witness Order 620.60 - Material Witness Order; Vacation, Modification and Amendment Thereof.

§  620.60   Material witness order; vacation, modification and amendmentthereof.1.  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.2.    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 his 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.
NY Crim Pro L § 620.70 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions Article 620 - Securing Attendance of Witnesses by Material Witness Order 620.70 - Material Witness Order; Compelling Attendance of Witness Who Fails to Appear.

§  620.70   Material witness order; compelling attendance of witness whofails to appear.If a witness at liberty on bail pursuant to a material  witness  order   cannot  be  found or notified at the time his appearance as a witness is   required, or if after notification he fails to appear in such action  or   proceeding  as  required,  the court may issue a warrant, addressed to a   police officer, directing such officer to take such witness into custody   anywhere within the state and to bring him to the court forthwith.
NY Crim Pro L § 620.80 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions Article 620 - Securing Attendance of Witnesses by Material Witness Order 620.80 - Material Witness Order; Witness Fee.

§ 620.80  Material witness order; witness fee.A witness held in the custody of the sheriff as a result of a material   witness order must be paid the sum of three dollars per day for each day   of  confinement  in such custody.   Such compensation is a county charge   and is payable upon release of such material witness from custody or, in   the discretion of the court, at any designated times or intervals during   the confinement as the court may deem appropriate.
NY Crim Pro L § 630.10 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions Article 630 - Securing Attendance as Witnesses of Persons Confined in Institutions Within the State 630.10 - Securing Attendance of Witnesses Confined in Institutions Within the State; in General.

§  630.10    Securing  attendance  of witnesses confined in institutionswithin the state; in general.Under the circumstances prescribed in this article, a person  confined   in  an institution within this state pursuant to a court order may, upon   application of a party to a criminal action or proceeding, demonstrating   reasonable cause to  believe  that  such  person  possesses  information   material  thereto,  be  produced  by court order and compelled to attend   such action or proceeding as a witness.
NY Crim Pro L § 630.20 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions Article 630 - Securing Attendance as Witnesses of Persons Confined in Institutions Within the State 630.20 - Securing Attendance of Witnesses Confined in Institutions Within the State; When and by What Courts Order May Be Issued.

§  630.20    Securing  attendance  of witnesses confined in institutionswithin the state; when and by  what  courts  order  may  beissued.The   following   courts   and   judges   may,   under  the  indicated   circumstances, order production as  witnesses  of  persons  confined  by   court order in institutions within the state.1.   If the criminal action or proceeding is one pending in a superior   court or with a superior court judge sitting as a local criminal  court,   such  court  may,  except  as  provided  in  subdivision four, order the   production as a witness therein of a person confined in any  institution   in the state.2.   If the criminal action or proceeding is one pending in a district   court or the New York City criminal court,  such  court  may  order  the   production  as a witness therein of a person confined in any institution   within the state other than a state prison.   Production  therein  of  a   prospective  witness  confined in a state prison may, except as provided   in subdivision four, be ordered, upon application of the party  desiring   to  call  him,  by a judge of a superior court holding a term thereof in   the county in which the action or proceeding is pending.3.  If the criminal action or proceeding is  one  pending  in  a  city   court  or  a  town  court  or  a village court, such court may order the   production as a witness therein of a person confined in a county jail of   such county.  Production therein of a prospective  witness  confined  in   any  other  institution  within  the  state  may,  except as provided in   subdivision four, be ordered, upon application of the party desiring  to   call  him,  by a judge of a superior court holding a term thereof in the   county in which the action or proceeding is pending.4.  Regardless of the court in which the criminal action or proceeding   is pending, production as a witness therein of a prisoner who  has  been   sentenced  to  death  may  be  ordered,  upon  application  of the party   desiring to call him, only by a justice of the appellate division of the   department  in  which  the  action  or  proceeding  is  pending.     The   application  for  such  order,  if  made  by the defendant, must be upon   notice to the district attorney of the county in  which  the  action  or   proceeding  is  pending, and an application made by either party must be   based upon a showing that the prisoner's attendance is clearly necessary   in the interests of justice.  Upon issuing such an order, the  appellate   division  justice  may  fix  and include therein any terms or conditions   which he deems appropriate for execution thereof.
NY Crim Pro L § 650.10 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions Article 650 - Securing Attendance as Witnesses of Prisoners Confined in Institutions of Other Jurisdictions of the United States-Rendition to Other Jur 650.10 - Securing Attendance of Prisoner in This State as Witness in Proceeding Without the State.

§  650.10  Securing  attendance  of prisoner in this state as witness inproceeding without the state.If a judge of a court of record in any other state, which by its  laws   has made provision for commanding a prisoner within that state to attend   and  testify  in this state, certifies under the seal of that court that   there is a criminal prosecution pending in such court or  that  a  grand   jury  investigation  has  commenced, and that a person confined in a New   York state correctional institution or prison within the  department  of   corrections  and  community supervision, other than a person confined as   criminally mentally ill, or as a defective delinquent,  or  confined  in   the  death  house  awaiting  execution,  is  a  material witness in such   prosecution or investigation and that his or her  presence  is  required   for  a specified number of days, upon presentment of such certificate to   a judge of a superior court in the county where the person is  confined,   upon  notice  to  the attorney general, such judge, shall fix a time and   place for a hearing and shall make  an  order  directed  to  the  person   having  custody of the prisoner requiring that such prisoner be produced   at the hearing.If at such hearing  the  judge  determines  that  the  prisoner  is  a   material  and necessary witness in the requesting state, the judge shall   issue an order directing that the prisoner attend in the court where the   prosecution or investigation is pending, upon such terms and  conditions   as the judge prescribes, including among other things, provision for the   return of the prisoner at the conclusion of his or her testimony, proper   safeguards  on his or her custody, and proper financial reimbursement or   other payment by the demanding jurisdiction for all expenses incurred in   the production and return of the prisoner.The attorney general is authorized as agent for the state of New York,   when in his or  her  judgment  it  is  necessary,  to  enter  into  such   agreements   with   the   appropriate   authorities   of  the  demanding   jurisdiction  as  he  or  she  determines  necessary  to  ensure  proper   compliance with the order of the court.
NY Crim Pro L § 650.20 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions Article 650 - Securing Attendance as Witnesses of Prisoners Confined in Institutions of Other Jurisdictions of the United States-Rendition to Other Jur 650.20 - Securing Attendance of Prisoner Outside the State as Witness in Criminal Action in the State.

§  650.20   Securing attendance of prisoner outside the state as witnessin criminal action in the state.1.  When (a) a criminal action is pending in a court of record of this   state, or a grand jury proceeding has been commenced, and (b)  there  is   reasonable  cause  to  believe  that a person confined in a correctional   institution or prison of another state, other  than  a  person  awaiting   execution of a sentence of death or one confined as mentally ill or as a   defective  delinquent,  possesses  information material to such criminal   action or proceeding, and (c) the attendance of such person as a witness   in such action or proceeding is desired by a party thereto, and (d)  the   state in which such person is confined possesses a statute equivalent to   section  650.10, the court in which such action or proceeding is pending   may issue a certificate under the seal of  such  court,  certifying  all   such  facts  and that the attendance of such person as a witness in such   court is required for a specified number of days.2.  Such certificate may be issued upon  application,  of  either  the   people  or  a  defendant,  demonstrating  all  the  facts  specified  in   subdivision one.3.  Upon issuing such a certificate, the  court  may  deliver  it,  or   cause  or  authorize  it  to be delivered, to a judge or a court of such   other state who or which, pursuant to the laws thereof, is authorized to   initiate or undertake legal action for the delivery of such prisoners to   this state as witnesses.
NY Crim Pro L § 650.30 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions Article 650 - Securing Attendance as Witnesses of Prisoners Confined in Institutions of Other Jurisdictions of the United States-Rendition to Other Jur 650.30 - Securing Attendance of Prisoner in Federal Institution as Witness in Criminal Action in the State.

§  650.30    Securing  attendance  of prisoner in federal institution aswitness in criminal action in the state.1.  When (a) a criminal action is pending in a court of record of this   state by reason of the filing therewith of an accusatory instrument,  or   a  grand jury proceeding has been commenced, and (b) there is reasonable   cause to believe that a person confined in a  federal  prison  or  other   federal   custody,  either  within  or  outside  this  state,  possesses   information material to such criminal action or proceeding, and (c)  the   attendance  of  such person as a witness in such action or proceeding is   desired by a party thereto, a superior court, at  a  term  held  in  the   county  in  which  such  action  or  proceeding  is pending, may issue a   certificate,  known  as  a  writ  of  habeas  corpus  ad  testificandum,   addressed  to  the attorney general of the United States, certifying all   such facts and requesting the attorney general of the United  States  to   cause  the  attendance  of  such person as a witness in such court for a   specified number of days under custody of a federal public servant.2.  Such a certificate may be issued upon application  of  either  the   people  or  a  defendant,  demonstrating  all  the  facts  specified  in   subdivision one.3.  Upon issuing such certificate, the court may deliver it, or  cause   or  authorize  it to be delivered, to the attorney general of the United   States or to his representative authorized to entertain the request.
NY Crim Pro L § 660.10 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title S - Procedures for Securing Testimony for Future Use,and for Using Testimony Given in a Prior Proceeding Article 660 - Securing Testimony for Use in a Subsequent Proceeding--Examination of Witnesses Conditionally 660.10 - Examination of Witnesses Conditionally; in General.

§ 660.10  Examination of witnesses conditionally; in general.After  a  defendant  has been arraigned upon an accusatory instrument,   and under circumstances prescribed in this  article,  a  criminal  court   may,  upon application of either the people or a defendant, order that a   witness or prospective witness in the action be  examined  conditionally   under oath in order that such testimony may be received into evidence at   subsequent proceedings in or related to the action.
NY Crim Pro L § 660.20 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title S - Procedures for Securing Testimony for Future Use,and for Using Testimony Given in a Prior Proceeding Article 660 - Securing Testimony for Use in a Subsequent Proceeding--Examination of Witnesses Conditionally 660.20 - Examination of Witnesses Conditionally; Grounds for Order.

§ 660.20  Examination of witnesses conditionally; grounds for order.   An  order  directing  examination  of  a witness conditionally must be based upon the ground that there is reasonable  cause  to  believe  that such witness:   1.     Possesses  information  material  to  the  criminal  action  or proceeding in issue; and   2.  Will not be amenable or responsive to legal process  or  available as a witness at a time when his testimony will be sought, either because he is:  (a)   About to leave the state and not return for a substantial period of time; or  (b)  Physically ill or incapacited.
NY Crim Pro L § 660.30 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title S - Procedures for Securing Testimony for Future Use,and for Using Testimony Given in a Prior Proceeding Article 660 - Securing Testimony for Use in a Subsequent Proceeding--Examination of Witnesses Conditionally 660.30 - Examination of Witnesses Conditionally; When and to What Courts Application May Be Made.

§  660.30    Examination  of  witnesses  conditionally; when and to what                 courts application may be made.   1.  An application to examine a witness conditionally may be  made  at any  time  after  the  defendant  has  been arraigned upon an accusatory instrument and before termination of the  action,  or  of  a  proceeding therein or related thereto, in which the witness's testimony is sought.   2.    Such application must be made to and determined by the following courts under the indicated circumstances:  (a)  If the action is pending in a local criminal court as a result of an accusatory instrument filed therewith, the application must  be  made to and determined by such local criminal court;  (b)   If the defendant has been held by a local criminal court for the action of a grand jury on the basis of a  felony  complaint,  or  if  an indictment  has  been filed against him, the application must be made to and determined by the superior court by which the grand jury was  or  is to  be  impaneled or in which the indictment is pending. If the superior court by which the grand jury is to be impaneled is the  supreme  court, the  motion  may, in the alternative, be made in the county court of the county in which the action is pending.
NY Crim Pro L § 660.40 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title S - Procedures for Securing Testimony for Future Use,and for Using Testimony Given in a Prior Proceeding Article 660 - Securing Testimony for Use in a Subsequent Proceeding--Examination of Witnesses Conditionally 660.40 - Examination of Witnesses Conditionally; Application and Notice.

§ 660.40 Examination of witnesses conditionally; application and notice.   1.  An  application to examine a witness conditionally must be made in writing, must be subscribed and sworn to, and must contain:  (a) The title of the action, the  offense  or  offenses  charged,  the nature and status of the action, and the name and residential address of the witness sought to be examined; and  (b) A statement that there is reasonable cause to believe that grounds for such an examination, as specified in section 660.20, exist, together with  allegations of fact supporting such statement. Such allegations of fact may be those of the applicant, or those of  another  person  in  an accompanying  deposition,  or  of  both.  They  may be based either upon personal knowledge of the  deponent  or  upon  information  and  belief, provided  that  in  the latter event the sources of such information and the grounds of such belief are stated.   2. The application may also contain a request that the examination, in addition to its being recorded in the same manner as would  be  required were  the  witness testifying at trial, also be recorded by videotape or other photographic method approved  by  and  subject  to  standards  and administrative  policies promulgated pursuant to section twenty-eight of article six of the constitution.   3. A copy of the application, with reasonable notice  and  opportunity to  be  heard, must be served upon the other party to the action. If the defendant is the applicant, such  service  must  be  upon  the  district attorney. If the people are the applicant, such service must be upon the defendant  and  upon  his attorney if any. The respondent party may file and serve a sworn written answer to the application.