In a grand jury proceeding or pending criminal action, the state or the defendant may certify by motion that the presence of a material witness is required. If the court finds that a material witness is unlikely to appear or testify, the court may require the material witness to appear and post a secured or unsecured appearance bond. On proper notice to the material witness, the court may modify the requirements of the appearance bond when necessary to ensure the material witness will appear and testify as directed.

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Terms Used In Arizona Laws 13-4082

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • material witness: means a witness in a criminal matter who is called by either the state or the defendant and whose testimony is necessary for a fair determination of an issue in the case. See Arizona Laws 13-4081
  • Testify: Answer questions in court.
  • Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215