RULE 4.10
                      MATERIAL WITNESS

    (a) Warrant. On motion of the prosecuting authority or the defendant,
the court may issue a warrant, subject to reasonable bail, for the arrest
of a material witness. The warrant shall issue only on a showing, by
affidavit or on the record in open court, that the testimony of the witness
is material and that
    (1) The witness has refused to submit to a deposition ordered by the
court pursuant to rule 4.6; or
    (2) The witness has refused to obey a lawfully issued subpoena; or
    (3) It may become impracticable to secure the presence of the witness
by subpoena. Unless otherwise ordered by the court, the warrant shall be
executed and returned as in rule 2.2.
    (b) Hearing. After the arrest of the witness, the court shall hold a
hearing no later than the next court day after the witness is present in
the county from which the warrant issued. The witness shall be entitled to
be represented by a lawyer. The court shall appoint a lawyer for an
indigent witness if it is required to protect the rights of the witness.
    (c) Release/Detention. Upon a determination that the testimony of the
witness is material and that one of the conditions set forth in section (a)
exists, the court shall set conditions for release of the witness pursuant
to rule 3.2. A material witness shall be released unless the court
determines that the testimony of such witness cannot be secured adequately
by deposition and that further detention is necessary to prevent a failure
of justice. Release of a material witness may be delayed for a reasonable
period of time until the deposition of the witness can be taken pursuant to
rule 4.6.