Section 680.20. Examination of witnesses on commission; when commission issuable; form and content of application  


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  • 1.  Upon a pre-trial application of a defendant who  has  pleaded  not
      guilty  to  an indictment or other accusatory instrument which charges a
      crime, the superior court in which such  indictment  is  pending,  or  a
      superior  court  in the county in which such other accusatory instrument
      is pending, may issue a  commission  for  examination  of  a  designated
      person  as  a  witness in the action, at a designated place outside this
      state, if it is satisfied that (a)  such  person  possesses  information
      material  to  the  action  which  in  the  interest of justice should be
      disclosed at the trial, and (b) resides outside the state.
        2.  The application and moving papers must be in writing and  must  be
      subscribed  and  sworn  to  by  the  defendant or his attorney.   A copy
      thereof must be served on the district attorney, with reasonable  notice
      and opportunity to be heard.  The moving papers must allege:
        (a)  The offense or offenses charged; and
        (b)  The status of the action; and
        (c)  The name of the prospective witness; and
        (d)    A  statement  that such prospective witness resides outside the
      state, and his address in the  jurisdiction  in  which  the  examination
      sought is to occur; and
        (e)   A statement that he possesses information material to the action
      which in the interest of justice  should  be  disclosed  at  the  trial,
      together with a brief summary of the facts supporting such statement.
        3.     An  application  for  issuance  of  a  commission  may  request
      examination pursuant thereto of more than one  person  residing  in  the
      particular  jurisdiction.    In  such  case, it must contain allegations
      specified in subdivision two with respect to each such person,  and  the
      court must make separate rulings as to each.