18 USC § 3144 - Release or detention of a material witness

---
identifier: "/us/usc/t18/s3144"
source: "usc"
legal_status: "official_legal_evidence"
title: "18 USC § 3144 - Release or detention of a material witness"
title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
section_number: "3144"
section_name: "Release or detention of a material witness"
chapter_number: 207
chapter_name: "RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS"
part_number: "II"
part_name: "CRIMINAL PROCEDURE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1982; amended Pub. L. 99–646, § 55(e), Nov. 10, 1986, 100 Stat. 3609.)"
---


# § 3144. Release or detention of a material witness

section 3142 of this title

If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions of . No material witness may be detained because of inability to comply with any condition of release if the testimony of such witness can adequately be secured by deposition, and if further detention is not 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 the Federal Rules of Criminal Procedure.

---

**Source Credit**: (Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1982; amended Pub. L. 99–646, § 55(e), Nov. 10, 1986, 100 Stat. 3609.)

## Editorial Notes

### References in Text

The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to this title.

### Prior Provisions

A prior section 3144, , , related to cases removed from State courts, prior to repeal in the revision of this chapter by .

### Amendments

1986— substituted “subpoena” for “subpena” and inserted “of this title”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1986 Amendment

Amendment by  effective 30 days after , see , set out as a note under .