Which method is used when a witness is unlikely to appear or evading service?

When a witness is unlikely to appear or is actively evading service, the appropriate method to ensure their presence is the issuance of a Material Witness Warrant. This legal tool allows the court to compel the attendance of a witness who is critical to the case but is either refusing to cooperate or is unable to be located. The warrant is specifically designed to address situations where a witness's testimony is deemed crucial, thereby granting law enforcement the authority to apprehend the witness and bring them before the court.

This approach underscores the importance of effectively gathering evidence and ensuring that all pertinent testimonies are available during legal proceedings. By using a Material Witness Warrant, the court prioritizes the integrity of the judicial process and seeks to prevent any potential disruption caused by a witness's absence.

Other methods, such as a subpoena, may be effective in securing the attendance of witnesses who are not evading service but may still prefer not to appear. Witnesses in custody pertain to individuals who are already detained for other legal reasons and would not necessarily apply to those evading service. Evidence by video link can facilitate remote testimony but does not address the issue of a witness who is avoiding service, making the Material Witness Warrant the most fitting option for this particular scenario.