Utah Courts
URJP Rule 59 (Rules of Juvenile Procedure)
URJP Rule 59 (Rules of Juvenile Procedure)
Rule 59. Material Witnesses.
(a) When the court has good cause to believe that any material witness in a case will not appear and testify unless bond is required, the court may fix a bond with or without sureties, and in a sum the court considers adequate, for the appearance of the witness.
(b) If the witness fails or refuses to post the bond with the clerk of the court, or the court deems it otherwise appropriate, the court may commit the witness to jail, detention, or other place of custody until the witness complies or is otherwise legally discharged. If bail is not ordered, the court shall make specific findings for detaining the witness.
(c)(1) If the witness does provide bond when required, the witness may be examined and cross-examined before the court in the presence of the minor and the testimony shall be recorded. The witness shall then be discharged.
(c)(2) If the witness is unavailable or fails to appear at any subsequent hearing or trial when ordered to do so, the recorded testimony may be used at the hearing or trial in lieu of the personal testimony of the witness.
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