Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.

(Enacted 1872.)

Terms Used In California Code of Civil Procedure 1996

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.