Rule 5-404 NMRA
Rule 5-404. Bail for witness.
Length: 165 wordsOfficial source
If it appears by affidavit that the testimony of a person is material in any felony
proceeding and that it may become impracticable to secure his presence by subpoena,
the court may require such person to give bail for his appearance as a witness. If the
witness is not in court, a warrant for his arrest may be issued and upon return thereof
the court may require him to give bail as provided in Rule 5-401 for his appearance as a
witness. If a witness fails to give bail, he may be committed to the custody of the sheriff
for a period not to exceed five (5) days, within which time his deposition shall be taken
as provided in Rule 5-503. The court upon good cause shown may extend the time for
taking such depositions for an additional period not exceeding five (5) days. Only in a
capital, first or second degree felony case shall any surety be required for the bail of a
witness.