Current through 2020 Legislative Session
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 and residence of the witness, and that his or her testimony is material to the defense or the prosecution of the action.(d) That any of the following are true: (1) The witness is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehending that he or she will not be able to attend the trial, or is a person 65 years of age or older, or a dependent adult, or that the life of the witness is in jeopardy.(2) That the witness is a victim or a material witness in a human trafficking case who has been or is being intimidated or threatened, as described in paragraph (1) of subdivision (c) of Section 1335, from cooperating with the prosecutor or testifying at trial.(3) That the witness is a victim or material witness in a domestic violence case who has been or is being intimidated or threatened, as described in subdivision (d) of Section 1335 from cooperating with the prosecutor or testifying at trial.Amended by Stats 2014 ch 709 (AB 1610),s 2, eff. 1/1/2015.Amended by Stats 2009 ch 567 (SB 197),s 2, eff. 1/1/2010.Amended by Stats 2005 ch 305 (AB 620),s 3, eff. 1/1/2006Amended by Stats 2004 ch 405 (SB 1796), s 13, eff. 1/1/2005.