Texas Code of Criminal Procedure - Article 39.01. In Examining Trial
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Art. 39.01. IN EXAMINING TRIAL. When an examination takes
place in a criminal action before a magistrate, the State or the
defendant may have the deposition of any witness taken by any
officer authorized by this chapter. The State or the defendant may
not use the deposition for any purpose unless that party first
acknowledges that the entire evidence or statement of the witness
may be used for or against the defendant on the trial of the case,
subject to all legal objections. The deposition of a witness duly
taken before an examining trial or a jury of inquest and reduced to
writing and certified according to law where the defendant was
present when that testimony was taken, and had the privilege
afforded of cross-examining the witness, or taken at any prior
trial of the defendant for the same offense, may be used by either
the State or the defendant in the trial of the defendant's criminal
case under the following circumstances:
When oath is made by the party using the deposition that the
witness resides outside the State; or that since the witness's
testimony was taken, the witness has died, or has removed beyond the
limits of the State, or has been prevented from attending the court
through the act or agency of the other party, or by the act or agency
of any person whose object was to deprive the State or the defendant
of the benefit of the testimony; or that by reason of age or bodily
infirmity, that witness cannot attend. When the testimony is
sought to be used by the State, the oath may be made by any credible
person. When sought to be used by the defendant, the oath must be
made by the defendant in person.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Amended by Acts 2005, 79th Leg., ch. 1021, Sec. 1, eff. Sept. 1,
2005.
Article: 38.38 38.39 38.40 38.41 38.42 38.43 38.44 39.01 39.02 39.03 39.04 39.05 39.06 39.07 39.08
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Last modified: August 10, 2007
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