§ 680.20 Examination of witnesses on commission; when commission\n issuable; form and content of application.\n 1. Upon a pre-trial application of a defendant who has pleaded not\nguilty to an indictment or other accusatory instrument which charges a\ncrime, the superior court in which such indictment is pending, or a\nsuperior court in the county in which such other accusatory instrument\nis pending, may issue a commission for examination of a designated\nperson as a witness in the action, at a designated place outside this\nstate, if it is satisfied that (a) such person possesses information\nmaterial to the action which in the interest of justice should be\ndisclosed at the trial, and (b) resides outside the state.\n 2. The application and moving papers must be in writing and must be\nsubscribed and sworn to by the defendant or his attorney. A copy\nthereof must be served on the district attorney, with reasonable notice\nand opportunity to be heard. The moving papers must allege:\n (a) The offense or offenses charged; and\n (b) The status of the action; and\n (c) The name of the prospective witness; and\n (d) A statement that such prospective witness resides outside the\nstate, and his address in the jurisdiction in which the examination\nsought is to occur; and\n (e) A statement that he possesses information material to the action\nwhich in the interest of justice should be disclosed at the trial,\ntogether with a brief summary of the facts supporting such statement.\n 3. An application for issuance of a commission may request\nexamination pursuant thereto of more than one person residing in the\nparticular jurisdiction. In such case, it must contain allegations\nspecified in subdivision two with respect to each such person, and the\ncourt must make separate rulings as to each.\n
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