CHAPTER 5. Examination of Witnesses on Commission

Chapter 5 enacted 1872.

§§ 1349–1362 · 14 sections

• § 1349 When an issue of fact is joined upon an indictment or information, the defendant may have any material witness, residing out of the state, examined in his…
• § 1350 When a material witness for the defendant resides out of the State, the defendant may apply for an order that the witness be examined on a commission.
• § 1351 A commission is a process issued under the seal of the Court and the signature of the Clerk, directed to some person designated as Commissioner, authorizing…
• § 1352 The application must be made upon affidavit, stating: 1. The nature of the offense charged; 2. The state of the proceedings in the action, and that an issue of…
• § 1353 The application may be made to the Court, or a Judge thereof, and must be upon three days’ notice to the District Attorney.
• § 1354 If the Court to whom the application is made is satisfied of the truth of the facts stated, and that the examination of the witness is necessary to the…
• § 1355 When the commission is ordered, the defendant must serve upon the District Attorney, without delay, a copy of the interrogatories to be annexed thereto, with…
• § 1356 Unless the parties otherwise consent, by an indorsement upon the commission, the Court or Judge must indorse thereon a direction as to the manner in which it…
• § 1357 The commissioner, unless otherwise specially directed, may execute the commission in the following order: (a) He or she shall publicly administer an oath to…
• § 1358 If the commission and return be delivered by the Commissioner to an agent, he must deliver the same to the Clerk to whom it is directed, or to the Judge of the…
• § 1359 If the agent is dead, or from sickness or other casualty unable personally to deliver the commission and return, as prescribed in the last section, it may be…
• § 1360 The clerk or judge receiving and opening the commission and return shall immediately file it, with the affidavit mentioned in Sections 1358 and 1359, in the…
• § 1361 The commission and return must at all times be open to the inspection of the parties, who must be furnished by the Clerk with copies of the same or of any part…
• § 1362 The depositions taken under the commission may be read in evidence by either party on the trial if the court finds that the witness is unavailable as a witness…