CHAPTER 4. Examination of Witnesses Conditionally

Chapter 4 enacted 1872.

§§ 1335–1345 · 11 sections

• § 1335 (a) If a defendant has been charged with a public offense triable in a court, he or she in all cases, and the people in cases other than those for which the…
• § 1336 (a) When a material witness for the defendant, or for the people, is about to leave the state, or is so sick or infirm as to afford reasonable grounds for…
• § 1337 The application shall be made upon affidavit stating all of the following: (a) The nature of the offense charged. (b) The state of the proceedings in the…
• § 1338 The application may be made to the court or a judge thereof, and must be made upon three days’ notice to the opposite party.
• § 1339 If the court or judge is satisfied that the examination of the witness is necessary, an order must be made that the witness be examined conditionally, at a…
• § 1340 (a) The defendant has the right to be present in person and with counsel at the examination, and if the defendant is in custody, the officer in whose custody…
• § 1341 If, at the designated time and place, it is shown to the satisfaction of the magistrate that the stated ground for conditional examination is not true or that…
• § 1342 The attendance of the witness may be enforced by a subpoena, issued by the magistrate before whom the examination is to be taken.
• § 1343 The testimony given by the witness shall be reduced to writing and authenticated in the same manner as the testimony of a witness taken in support of an…
• § 1344 The deposition taken must, by the magistrate, be sealed up and transmitted to the Clerk of the Court in which the action is pending or may come for trial.
• § 1345 The deposition, or a certified copy of it, may be read in evidence, or if the examination was video-recorded, that video-recording may be shown by either party…