California Penal Code CHAPTER 4 - Examination of Witnesses Conditionally

• Section 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...
• Section 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...
• Section 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 action.(c) The name...
• Section 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.(Amended by...
• Section 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...
• Section 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...
• Section 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...
• Section 1342.
  The attendance of the witness may be enforced by a subpoena, issued by the magistrate before whom the examination is to be taken.(Enacted 1872.)
• Section 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...
• Section 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...
• Section 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...

Last modified: October 22, 2018