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Criminal

Feb. 25, 2000

Disappearing Act

Disappearing Act Defense Counsel Must Follow Section 1349 for Out-of-State Witnesses By making proper application to the court, defense counsel can ensure that the defendant receives the benefit of the witness's testimony at trial.

By Laurie L. Levenson
         What happens if a witness flies the coop? What if a witness is critical to the defense case and is about to die? Penal Code Sections 1345 and 1349 et seq. provide an avenue to secure the testimony of a witness who may be unavailable for trial. That avenue is a conditional examination of the witness.
        Pursu...

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