California Penal Code CHAPTER 5 - Examination of Witnesses on Commission

• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 1353.
  The application may be made to the Court, or a Judge thereof, and must be upon three days’ notice to the District Attorney.(Amended by Code...
• Section 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...
• Section 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...
• Section 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...
• Section 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 the witness that...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...

Last modified: October 22, 2018