California Penal Code 2623 – If in a civil action or special proceeding a witness be a prisoner, …
If in a civil action or special proceeding a witness be a prisoner, confined in a state prison within this state, an order for the prisoner’s examination in the prison by deposition may be made.
1. By the court itself in which the action or special proceeding is pending, unless it be a small claims court.
Terms Used In California Penal Code 2623
- 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.
- county: includes "city and county". See California Penal Code 7
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- person: includes a corporation as well as a natural person. See California Penal Code 7
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. By a judge of the superior court of the county where the action or proceeding is pending, if pending before a small claims court or before a judge or other person out of court.
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. The deposition, when ordered, shall be taken in accordance with Section 2622.
(Amended by Stats. 1998, Ch. 931, Sec. 431. Effective September 28, 1998.)