2006 Utah Code - 78-46-32 — When criminal defense witness may be called at expense of state.

     78-46-32.   When criminal defense witness may be called at expense of state.
     A witness for a defendant in a criminal cause may not be subpoenaed at the expense of the state, county, or city, except upon order of the court. The order shall be made only upon affidavit of the defendant, showing:
     (1) the defendant is impecunious and unable to pay the per diems of the witness;
     (2) the evidence of the witness is material for defendant's defense as he is advised by his counsel, if he has counsel; and
     (3) the defendant cannot safely proceed to trial without the witness.

Renumbered and Amended by Chapter 46, 2001 General Session