Section 1340 Of Chapter 4. Examination Of Witnesses Conditionally From California Penal Code >> Title 10. >> Part 2. >> Chapter 4.
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.