The application must be made upon affidavit, stating:
1.  The nature of the offense charged.

Terms Used In Idaho Code 19-3204

  • 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.
  • 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 of Columbia and territories. See Idaho Code 73-114
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2.  The state of the proceedings in the action, and that an issue of fact has been joined therein.
3.  The name of the witness, and that his testimony is material to the defense of the action.
4.  That the witness resides out of the state.