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 section 3142 of this title. 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.