2023 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 › 620.20 - Material Witness Order; When Authorized; by What Courts Issuable; Duration Thereof.

§  620.20    Material  witness  order;  when  authorized; by what courts
issuable; duration thereof.
1.  A material witness order may be issued upon the ground that  there
is  reasonable  cause  to  believe  that a person whom the people or the
defendant desire to call as a witness in a pending criminal action:
(a)   Possesses information material  to  the  determination  of  such
action; and
(b)    Will not be amenable or responsive to a subpoena at a time when
his attendance will be sought.
2.  A material witness order may be issued only when:
(a)  An indictment has been filed in a superior court and is currently
pending therein; or
(b)   A grand jury proceeding has  been  commenced  and  is  currently
pending; or
(c)  A felony complaint has been filed with a local criminal court and
is currently pending therein.
3.    The following courts may issue material witness orders under the
indicated circumstances:
(a)  When an indictment has been filed, or a grand jury proceeding has
been commenced, or a defendant has been held by a local  criminal  court
for  the  action of a grand jury, a material witness order may be issued
only by the superior court in which such indictment  is  pending  or  by
which such grand jury has been or is to be impaneled;
(b)   When a felony complaint is currently pending in a district court
or in the New York City criminal court or before a superior court  judge
sitting  as  a  local  criminal  court,  a material witness order may be
issued either by such court or by the superior court  which  would  have
jurisdiction  of the case upon a holding of the defendant for the action
of the grand jury;
(c)  When a felony complaint is currently pending in a city court or a
town court or a village court, a material witness order  may  be  issued
only  by  the  superior  court which would have jurisdiction of the case
upon a holding of the defendant for the action of the grand jury.
4.   Unless vacated pursuant to section  620.60,  a  material  witness
order  remains  in effect during the following periods of time under the
indicated circumstances:
(a)   An order issued by a  superior  court  under  the  circumstances
prescribed  in  paragraph  (a)  of  subdivision  three remains in effect
during the pendency of the criminal action in such superior court;
(b)  An order issued by a district court or the New York City criminal
court or a superior court judge sitting as a local criminal court, under
circumstances prescribed in paragraph (b) of subdivision three,  remains
in  effect  (i) until the disposition of the felony complaint pending in
such court, and (ii) if the defendant is held for the action of a  grand
jury,  during the pendency of the grand jury proceeding, and (iii) if an
indictment results, for a period of ten days  following  the  filing  of
such  indictment,  and  (iv) if within such ten day period such order is
indorsed by the superior court  in  which  the  indictment  is  pending,
during  the  pendency  of  the action in such superior court.  Upon such
indorsement, the order is deemed to be that of the superior court.
(c)    An  order  issued  by  a  superior  court  under  circumstances
prescribed  in  paragraph (c) of subdivision three remains in effect (i)
until the disposition of the felony complaint pending in the city,  town
or  village  court,  and (ii) if the defendant is held for the action of
the grand jury, during the pendency of the action in the superior court.