13-4111. Witness for defendant; grounds; application; issuance of commission; stay of trial A. When an issue of fact is joined upon an indictment or information, the defendant may have any material witness residing without the state examined in his behalf, as prescribed in this article, upon application to the court in which the action is […]
13-4112. Interrogatories and cross-interrogatories; notice; service; duty of court; execution of commission A. When the commission is ordered, the defendant shall serve upon the county attorney, without delay, a copy of the commission and interrogatories, with two days notice of the time when they will be presented to the court. The county attorney if he […]
13-4113. Duty of commissioner in executing commission; attachment of section to commission A. The commissioner, unless otherwise specially directed, shall execute the commission as follows: 1. Publicly administer an oath to the witness that his answers given to the interrogatories shall be the truth, the whole truth, and nothing but the truth. 2. Cause the […]
13-4114. Receipt and filing of commission; inspection A. The clerk or judge receiving the commission and return shall immediately open and file it in the office of the clerk of the court in which the indictment or information is pending. B. If the commission and return is transmitted by mail, the clerk to whom it […]
13-4115. Use of deposition at trial; objection to testimony 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 subject to the same objections as if the witness were examined in court.
13-4116. Delivery of commission by agent; inability of agent to deliver A. If the commission and return is delivered by the commissioner to an agent, the agent shall deliver the commission to the clerk to whom it is directed or to the judge of the court in which the action is pending, by whom it […]
