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 fact has been joined therein;
3. The name of the witness, and that his testimony is material to the defense of the action;
4. That the witness resides out of the State.
(Enacted 1872.)
Last modified: October 25, 2018