Section 1352 Of Chapter 5. Examination Of Witnesses On Commission From California Penal Code >> Title 10. >> Part 2. >> Chapter 5.

. 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.