Section 1337 Of Chapter 4. Examination Of Witnesses Conditionally From California Penal Code >> Title 10. >> Part 2. >> Chapter 4.
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.