Title 19, CRIMINAL PROCEDURE

19-3201. Examination of nonresident witness. When an issue of fact is joined upon an indictment the defendant may have any material witness, residing out of the state, examined in his behalf, as prescribed in this chapter, and not otherwise.

19-3202. Application for order. When a material witness for the defendant resides out of the state the defendant may apply for an order that the witness be examined on a commission.

19-3203. Commission defined. A commission is a process issued under the seal of the court and the signature of the clerk, directed to some person designated as commissioner, authorizing him to examine the witness upon oath or interrogatories annexed thereto, to take and certify t…

19-3204. Affidavit to accompany application. The application must be made upon affidavit, stating: 1. The nature of the offense charged. 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 test…

19-3205. Making of application. The application may be made to the court during the term, or to the judge in vacation, and must be upon three (3) days’ notice to the prosecuting attorney.

19-3206. Order for commission. If the court or judge to whom the application is made is satisfied of the truth of the facts stated, and that the examination of the witness is necessary to the attainment of justice, an order must be made that a commission be issued to take his tes…

19-3207. Interrogatories, how settled and allowed. When the commission is ordered, the defendant must serve upon the prosecuting attorney, without delay, a copy of the interrogatories to be annexed thereto, with two days’ notice of the time at which they will be presented to the …

19-3208. Direction as to return. Unless the parties otherwise consent, by an endorsement upon the commission, the court or judge must endorse thereon a direction as to the manner in which it must be returned, and may, in his discretion, direct that it be returned by mail or other…

19-3209. Execution of commission. The commissioner, unless otherwise specially directed, may execute the commission as follows: 1. He must publicly administer an oath to the witness, that his answers given to the interrogatories shall be the truth, the whole truth and nothing but…

19-3210. Delivery of commission to agent. If the commission and return is delivered by the commissioner to an agent he must deliver the same to the clerk to whom it is directed or to the judge of the court in which the indictment is pending, by whom it may be received and opened,…

19-3211. Death or disability of agent. If the agent is dead, or from sickness or other casualty unable personally to deliver the commission and return, as prescribed in the last section, it may be received by the clerk or judge from any other person, upon his making an affidavit …

19-3212. Filing of commission. The clerk or judge receiving and opening the commission and return must immediately file it, with the affidavit mentioned in the last two sections, in the office of the clerk of the court in which the indictment is pending. If the commission and ret…

19-3213. Commission open for inspection. The commission and return must at all times be open to the inspection of the parties, who must be furnished by the clerk with copies of the same or of any part thereof, on payment of his fees.

19-3214. Use and objections to depositions. The depositions taken under the commission may be read in evidence by either party on the trial, upon it being shown that the witness is unable to attend from any cause whatever; and the same objections may be taken to a question in the…