reglab/housing_qa huggingface dataset:
CA Penal Code § 1334.6 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 3a - Attendance of Witnesses Outside the State|Section 1334.6.

1334.6.  This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the States which enact similar legislation.(Added by Stats. 1937, Ch. 262.)
CA Penal Code § 1335 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 4 - Examination of Witnesses Conditionally|Section 1335.

1335.  (a) If a defendant has been charged with a public offense triable in a court, he or she in all cases, and the people in cases other than those for which the punishment may be death, may, if the defendant has been fully informed of his or her right to counsel as provided by law, have witnesses examined conditionally in his or her or their behalf, as prescribed in this chapter.(b) If a defendant has been charged with a serious felony or in a case of domestic violence, the people or the defendant may, if the defendant has been fully informed of his or her right to counsel as provided by law, have a witness examined conditionally as prescribed in this chapter, if there is evidence that the life of the witness is in jeopardy.(c) (1) If a defendant has been charged with human trafficking, pursuant to Section 236.1, and there is evidence that the victim or material witness has been or is being dissuaded by the defendant or a person acting on behalf of the defendant, by intimidation or physical threat, from cooperating with the prosecutor or testifying at trial, the people or the defendant may, if the defendant has been fully informed of his or her right to counsel as provided by law, have a witness examined conditionally as prescribed in this chapter.(2) If a defendant has been charged with human trafficking, pursuant to Section 236.1, and the court finds that there is a reasonable basis to believe that the material witness will not attend the trial because he or she is under the direct control of the defendant or another person involved in human trafficking and, by virtue of this relationship, the defendant or other person seeks to prevent the witness or victim from testifying, and if the defendant has been fully informed of his or her right to counsel as provided by law, the court may have a witness examined conditionally as prescribed in this chapter. (d) If a defendant has been charged with a case of domestic violence and there is evidence that a victim or material witness has been or is being dissuaded by the defendant or a person acting on behalf of the defendant, by intimidation or a physical threat, from cooperating with the prosecutor or testifying at trial, the people or the defendant may, if the defendant has been fully informed of his or her right to counsel as provided by law, have a witness examined conditionally as prescribed in this chapter.(e) For the purposes of this section, the following definitions shall apply:(1) “Domestic violence” means a public offense arising from acts of domestic violence as defined in Section 13700.(2) “Serious felony” means a felony listed in subdivision (c) of Section 1192.7 or a violation of Section 11351, 11352, 11378, or 11379 of the Health and Safety Code.(Amended by Stats. 2014, Ch. 709, Sec. 1. (AB 1610) Effective January 1, 2015.)
CA Penal Code § 1336 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 4 - Examination of Witnesses Conditionally|Section 1336.

1336.  (a) When a material witness for the defendant, or for the people, is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehension that he or she will be unable to attend the trial, or is a person 65 years of age or older, or a dependent adult, the defendant or the people may apply for an order that the witness be examined conditionally.(b) When there is evidence that the life of a witness is in jeopardy, the defendant or the people may apply for an order that the witness be examined conditionally.(c) As used in this section, “dependent adult” means a person, regardless of whether the person lives independently, who is between the ages of 18 and 65, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes any person between the ages of 18 and 65, who is admitted as an inpatient to a 24-hour facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(Amended by Stats. 2018, Ch. 70, Sec. 4. (AB 1934) Effective January 1, 2019.)
CA Penal Code § 1337 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 4 - Examination of Witnesses Conditionally|Section 1337.

1337.  The application shall be made upon affidavit stating all of the following:(a) The nature of the offense charged.(b) The state of the proceedings in the action.(c) The name and residence of the witness, and that his or her testimony is material to the defense or the prosecution of the action.(d) That any of the following are true:(1) The witness is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehending that he or she will not be able to attend the trial, or is a person 65 years of age or older, or a dependent adult, or that the life of the witness is in jeopardy.(2) That the witness is a victim or a material witness in a human trafficking case who has been or is being intimidated or threatened, as described in paragraph (1) of subdivision (c) of Section 1335, from cooperating with the prosecutor or testifying at trial.(3) That the witness is a victim or material witness in a domestic violence case who has been or is being intimidated or threatened, as described in subdivision (d) of Section 1335 from cooperating with the prosecutor or testifying at trial.(Amended by Stats. 2014, Ch. 709, Sec. 2. (AB 1610) Effective January 1, 2015.)
CA Penal Code § 1338 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 4 - Examination of Witnesses Conditionally|Section 1338.

1338.  The application may be made to the court or a judge thereof, and must be made upon three days’ notice to the opposite party.(Amended by Stats. 1905, Ch. 540.)
CA Penal Code § 1339 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 4 - Examination of Witnesses Conditionally|Section 1339.

1339.  If the court or judge is satisfied that the examination of the witness is necessary, an order must be made that the witness be examined conditionally, at a specified time and place, and before a magistrate designated therein.(Amended by Stats. 1905, Ch. 540.)
CA Penal Code § 1340 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 4 - Examination of Witnesses Conditionally|Section 1340.

1340.  (a)  The defendant has the right to be present in person and with counsel at the examination, and if the defendant is in custody, the officer in whose custody he or she is, must be informed of the time and place of the examination, and must take the defendant thereto, and keep him or her in the presence and hearing of the witness during the examination.(b) If the court determines that the witness to be examined is so sick or infirm as to be unable to participate in the examination in person, the court may allow the examination to be conducted by a contemporaneous, two-way video conference system, in which the parties and the witness can see and hear each other via electronic communication.(c) Nothing in this section is intended to require the court to acquire two-way video conference equipment for these purposes.(Amended by Stats. 2008, Ch. 14, Sec. 1. Effective January 1, 2009.)
CA Penal Code § 1341 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 4 - Examination of Witnesses Conditionally|Section 1341.

1341.  If, at the designated time and place, it is shown to the satisfaction of the magistrate that the stated ground for conditional examination is not true or that the application was made to avoid the examination of the witness at the trial, the examination cannot take place.(Amended by Stats. 2009, Ch. 567, Sec. 3. (SB 197) Effective January 1, 2010.)
CA Penal Code § 1342 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 4 - Examination of Witnesses Conditionally|Section 1342.

1342.  The attendance of the witness may be enforced by a subpoena, issued by the magistrate before whom the examination is to be taken.(Enacted 1872.)
CA Penal Code § 1343 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 4 - Examination of Witnesses Conditionally|Section 1343.

1343.  The testimony given by the witness shall be reduced to writing and authenticated in the same manner as the testimony of a witness taken in support of an information. Additionally, the testimony may be video-recorded.(Amended by Stats. 1997, Ch. 19, Sec. 1. Effective January 1, 1998.)
CA Penal Code § 1344 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 4 - Examination of Witnesses Conditionally|Section 1344.

1344.  The deposition taken must, by the magistrate, be sealed up and transmitted to the Clerk of the Court in which the action is pending or may come for trial.(Enacted 1872.)
CA Penal Code § 1345 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 4 - Examination of Witnesses Conditionally|Section 1345.

1345.  The deposition, or a certified copy of it, may be read in evidence, or if the examination was video-recorded, that video-recording may be shown by either party at the trial if the court finds that the witness is unavailable as a witness within the meaning of Section 240 of the Evidence Code. The same objections may be taken to a question or answer contained in the deposition or video-recording as if the witness had been examined orally in court.(Amended by Stats. 1997, Ch. 19, Sec. 2. Effective January 1, 1998.)
CA Penal Code § 1346 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 4.5 - Examination of Victims of Sexual Crimes|Section 1346.

1346.  (a) When a defendant has been charged with a violation of Section 220, 243.4, 261, 261.5, 264.1, 269, 273a, 273d, 285, 286, 287, 288, 288.5, 288.7, 289, or 647.6, or former Section 288a, and the victim either is a person 15 years of age or younger or is developmentally disabled as a result of an intellectual disability, as specified in subdivision (a) of Section 4512 of the Welfare and Institutions Code, the people may apply for an order that the victim’s testimony at the preliminary hearing, in addition to being stenographically recorded, be video recorded and the video recording preserved.(b) The application for the order shall be in writing and made three days prior to the preliminary hearing.(c) Upon timely receipt of the application, the magistrate shall order that the testimony of the victim given at the preliminary hearing be taken and preserved as a video recording, in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending.(d) If at the time of trial the court finds that further testimony would cause the victim emotional trauma so that the victim is medically unavailable or unavailable within the meaning of Section 240 of the Evidence Code, the court may admit the video recording of the victim’s testimony at the preliminary hearing as former testimony under Section 1291 of the Evidence Code.(e) A video recording that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the victim. This subdivision does not affect the provisions of subdivision (b) of Section 868.7.(f) A video recording made pursuant to this section shall be made available to the prosecuting attorney, the defendant, and his or her attorney for viewing during ordinary business hours. A video recording that is made available pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the victim.(g) The video recording shall be destroyed after five years have elapsed from the date of entry of judgment, except that if an appeal is filed, the video recording shall not be destroyed until a final judgment on appeal has been rendered.(Amended by Stats. 2018, Ch. 423, Sec. 97. (SB 1494) Effective January 1, 2019.)
CA Penal Code § 1346.1 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 4.5 - Examination of Victims of Sexual Crimes|Section 1346.1.

1346.1.  (a) When a defendant has been charged with a violation of Section 261, if the victim is the spouse of the defendant, or subdivision (a) of Section 273.5, the people may apply for an order that the victim’s testimony at the preliminary hearing, in addition to being stenographically recorded, be video recorded and the video recording preserved.(b) The application for the order shall be in writing and made three days prior to the preliminary hearing.(c) Upon timely receipt of the application, the magistrate shall order that the testimony of the victim given at the preliminary hearing be taken and preserved as a video recording, in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending.(d) If the victim’s prior testimony given at the preliminary hearing is admissible pursuant to the Evidence Code, then the video recording of that testimony may be introduced as evidence at trial.(Amended by Stats. 2021, Ch. 626, Sec. 53. (AB 1171) Effective January 1, 2022.)
CA Penal Code § 1349 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 5 - Examination of Witnesses on Commission|Section 1349.

1349.  When an issue of fact is joined upon an indictment or information, the defendant may have any material witness, residing out of the state, examined in his behalf, as prescribed in this chapter, and not otherwise.(Amended by Stats. 1980, Ch. 676, Sec. 253.)
CA Penal Code § 1350 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 5 - Examination of Witnesses on Commission|Section 1350.

1350.  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.(Enacted 1872.)
CA Penal Code § 1351 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 5 - Examination of Witnesses on Commission|Section 1351.

1351.  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 on interrogatories annexed thereto, to take and certify the deposition of the witness, and to return it according to the directions given with the commission.(Enacted 1872.)
CA Penal Code § 1352 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 5 - Examination of Witnesses on Commission|Section 1352.

1352.  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 testimony is material to the defense of the action;4. That the witness resides out of the State.(Enacted 1872.)
CA Penal Code § 1353 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 5 - Examination of Witnesses on Commission|Section 1353.

1353.  The application may be made to the Court, or a Judge thereof, and must be upon three days’ notice to the District Attorney.(Amended by Code Amendments 1880, Ch. 25.)
CA Penal Code § 1354 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 5 - Examination of Witnesses on Commission|Section 1354.

1354.  If the Court 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 testimony; and the Court may insert in the order a direction that the trial be stayed for a specified time, reasonably sufficient for the execution and return of the commission.(Amended by Code Amendments 1880, Ch. 47.)
CA Penal Code § 1355 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 5 - Examination of Witnesses on Commission|Section 1355.

1355.  When the commission is ordered, the defendant must serve upon the District 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 Court or Judge. The District Attorney may in like manner serve upon the defendant or his counsel cross-interrogatories, to be annexed to the commission, with the like notice. In the interrogatories either party may insert any questions pertinent to the issue. When the interrogatories and cross-interrogatories are presented to the Court or Judge, according to the notice given, the Court or Judge must modify the questions so as to conform them to the rules of evidence, and must indorse upon them his allowance and annex them to the commission.(Enacted 1872.)
CA Penal Code § 1356 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 5 - Examination of Witnesses on Commission|Section 1356.

1356.  Unless the parties otherwise consent, by an indorsement upon the commission, the Court or Judge must indorse 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 otherwise, addressed to the Clerk of the Court in which the action is pending, designating his name and the place where his office is kept.(Enacted 1872.)
CA Penal Code § 1357 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 5 - Examination of Witnesses on Commission|Section 1357.

1357.  The commissioner, unless otherwise specially directed, may execute the commission in the following order:(a) He or she shall publicly administer an oath to the witness that his or her answers given to the interrogatories shall be the truth, the whole truth, and nothing but the truth.(b) He or she shall cause the examination of the witness to be reduced to writing and subscribed by the witness.(c) He or she shall write the answers of the witness as near as possible in the language in which he or she gives them, and read to the witness each answer as it is taken down, and correct or add to it until it conforms to what he or she declares is the truth.(d) If the witness declines to answer a question, that fact, with the reason assigned by him or her for declining, shall be stated.(e) If any papers or documents are produced before him or her and proved by the witness, they, or copies of them, shall be annexed to the deposition subscribed by the witness and certified by the commissioner.(f) The commissioner shall subscribe his or her name to each sheet of the deposition, and annex the deposition, with the papers and documents proved by the witness, or copies thereof, to the commission, and shall close it up under seal, and address it as directed by the indorsement thereon.(g) If there is a direction on the commission to return it by mail, the commissioner shall immediately deposit it in the nearest post office. If any other direction is made by the written consent of the parties, or by the court or judge, on the commission, as to its return, the commissioner shall comply with the direction.A copy of this section shall be annexed to the commission.(Amended by Stats. 1989, Ch. 1360, Sec. 115.)
CA Penal Code § 1358 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 5 - Examination of Witnesses on Commission|Section 1358.

1358.  If the commission and return be 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 action is pending, by whom it may be received and opened, upon the agent making affidavit that he received it from the hands of the Commissioner, and that it has not been opened or altered since he received it.(Amended by Code Amendments 1880, Ch. 47.)
CA Penal Code § 1359 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 5 - Examination of Witnesses on Commission|Section 1359.

1359.  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 that he received it from the agent; that the agent is dead, or from sickness or other casualty unable to deliver it; that it has not been opened or altered since the person making the affidavit received it; and that he believes it has not been opened or altered since it came from the hands of the Commissioner.(Enacted 1872.)
CA Penal Code § 1360 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 5 - Examination of Witnesses on Commission|Section 1360.

1360.  The clerk or judge receiving and opening the commission and return shall immediately file it, with the affidavit mentioned in Sections 1358 and 1359, in the office of the clerk of the court in which the indictment is pending. If the commission and return is transmitted by mail, the clerk to whom it is addressed shall receive it from the post office, and open and file it in his or her office, where it must remain, unless otherwise directed by the court or judge.(Amended by Stats. 1987, Ch. 828, Sec. 89.)
CA Penal Code § 1361 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 5 - Examination of Witnesses on Commission|Section 1361.

1361.  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.(Enacted 1872.)
CA Penal Code § 1362 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 5 - Examination of Witnesses on Commission|Section 1362.

1362.  The depositions taken under the commission may be read in evidence by either party on the trial if the court finds that the witness is unavailable as a witness within the meaning of Section 240 of the Evidence Code. The same objections may be taken to a question in the interrogatories or to an answer in the deposition as if the witness had been examined orally in court.(Amended by Stats. 1965, Ch. 299.)