Chapter 2 - §12. Conditional examinations

• Jurisdiction: United States

§12. Conditional examinations

In a civil trial, deposition testimony can be admitted for impeachment purposes and as substantive evidence. See CCP §2025.620. But in a criminal trial, "conditional examinations" of an in-state witness can be read in evidence or shown by videotape if the following statutory requirements are met:

§12.1. When permitted.

A witness can be conditionally examined if the prosecution or defense can demonstrate any of the following grounds:

1. The witness's life is in jeopardy and the defendant has been charged with a serious felony or domestic violence. Pen. C. §1335(b); see Pen. C. §1335(e) (defining "domestic violence" and "serious felony").

2. A victim or material witness has been or is being dissuaded by the defendant or a person acting on the defendant's behalf from cooperating with the prosecutor or testifying at trial by intimidation or physical threat and the defendant has been charged with domestic violence. Pen. C. §1335(d); see Pen. C. §1335(e)(1) (defining "domestic violence").

3. A victim or material witness has been or is being dissuaded by the defendant or a person acting on the defendant's behalf from cooperating with the prosecutor or testifying at trial by intimidation or physical threat and the...