STATE OF IDAHO JUDICIAL BRANCH
Supreme Court

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.)