Section 866 Of Chapter 7. Examination Of The Case, And Discharge Of The Defendant, Or Holding Him To Answer From California Penal Code >> Title 3. >> Part 2. >> Chapter 7.
866
. (a) When the examination of witnesses on the part of the
people is closed, any witness the defendant may produce shall be
sworn and examined.
Upon the request of the prosecuting attorney, the magistrate shall
require an offer of proof from the defense as to the testimony
expected from the witness. The magistrate shall not permit the
testimony of any defense witness unless the offer of proof discloses
to the satisfaction of the magistrate, in his or her sound
discretion, that the testimony of that witness, if believed, would be
reasonably likely to establish an affirmative defense, negate an
element of a crime charged, or impeach the testimony of a prosecution
witness or the statement of a declarant testified to by a
prosecution witness.
(b) It is the purpose of a preliminary examination to establish
whether there exists probable cause to believe that the defendant has
committed a felony. The examination shall not be used for purposes
of discovery.
(c) This section shall not be construed to compel or authorize the
taking of depositions of witnesses.