I'm looking for suggestions. We had a double homicide here a couple of nights ago. There was a witness who had flown in the night before from Canada to meet the deceased and was in the room when three men entered the bedroom and a gunfight broke out. Two people ended up dead. Our Sheriff's Deaprtment is done with questioning the witness and she wants to head back to Canada. We are comfortably certain that she is not involved, but there are still unresolved questions. The crime is likely to be solved and we want to make sure we have done everthing we can to insure that our witness will return from Canada to testify. I have looked at Article 17.34 CCP which appears to provide for a witness bond, but also appears to require that some criminal accusation against somebody be filed. Our investigation is only two days old and we are not at a point where charges can be filed. Article 24.24 also appears to allow for a witness bond. I would like to get this witness in front of a magistrate and have her submit to a personal bond so I have at least something to bring to the Canadian authorities (bond, arrest warrant, etc.) to compel her attendance. Has anyone done this before? Does anyone have a form they have used? Does the witness need to be committed (booked in) and then released on bond? There's very little case law and guidance on "material witness bonds." Can anyone help? We're on a short fuse. Thanks.

What about combining 24.15 (grand jury subpoena) and 24.24 (bail for subpoena). McCormick's Texas Practice doesn't have a bail form for witnesses. The one time I've done something similar (an out of state subpoena) I just pasted some general language into my order (the court set personal bond of $500 in the case). Technically, she's probably subject to attachment under 24.15. If I were drafting something on the fly, I'd include admonition that she is subject to attachment and conditions that she waives any claim of hardship and lack of jurisdiction and agrees to appear at time and place directed by the court to testify at trial. Arguably, though, this gets flimsy after indictment. What about a waiver of hardship/jurisdiction as a separate agreement pursuant to the bail? (Sounds like a civil deal, doesn't it?)

Alternatively, if an examining trial took place, then you could preserve her testimony for use at the trial.

This case is a good example for why the State needs to be able to take a deposition under Article 39.02, but the only the Legislature can fix that.