Nebraska Statutes 29-1904. Depositions; certain witnesses; application by defendant; when granted; interrogatories; notice to county attorney
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Where any issue of fact is joined on any indictment, and any material witness for the defendant resides out of the state, or, residing within the state, is sick or infirm or is about to leave the state, such defendant may apply in writing to the court in term time, or the judge thereof in vacation, for a commission to examine such witness upon interrogatories thereto annexed, and such court or judge may grant the same, and order what and for how long a time notice shall be given the prosecuting attorney before the witness shall be examined.
Source
- G.S.1873, c. 58, § 462, p. 825;
- R.S.1913, § 9102;
- C.S.1922, § 10127;
- C.S.1929, § 29-1904;
- R.S.1943, § 29-1904.
Terms Used In Nebraska Statutes 29-1904
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801