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Idaho Criminal Rule 46.1. Bail for Witnesses


If it appears by affidavit that the testimony of a person is material in any criminal proceedings and if it is shown that it may become impracticable to secure the person's presence by subpoena for a hearing or trial, the court may require the witness to give bail for the person's appearance as a witness in an amount fixed by the court. The bail may be deposited in the same manner as bail of a person charged under Rule 46. If the person fails to give bail to appear as a witness, the court may commit the person to the custody of the sheriff pending final disposition of the proceedings in which the party's testimony is needed, but the court may order the person released if the person has been detained for an unreasonable length of time and may at any time modify or eliminate the requirements as to bail. Bail of a witness may be forfeited as bail in other cases pursuant to Idaho Code § 19-3011.


(Adopted February 22, 2017, effective July 1, 2017.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice G Richard Bevan
Justice Robyn M. Brody
Justice Gregory W. Moeller
Justice Colleen D. Zahn
Justice Cynthia K.C. Meyer

Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Molly J Huskey
Judge Jessica M. Lorello
Judge Michael P. Tribe



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