California Code of Civil Procedure 1988 – If a witness is concealed in a building or vessel, so as to prevent …
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If a witness is concealed in a building or vessel, so as to prevent the service of subpoena upon him, any Court or Judge, or any officer issuing the subpoena, may, upon proof by affidavit of the concealment, and of the materiality of the witness, make an order that the Sheriff of the county serve the subpoena; and the Sheriff must serve it accordingly, and for that purpose may break into the building or vessel where the witness is concealed.
(Enacted 1872.)
Terms Used In California Code of Civil Procedure 1988
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- County: includes "city and county. See California Code of Civil Procedure 17
- Sheriff: includes marshal. See California Code of Civil Procedure 17
- Subpoena: A command to a witness to appear and give testimony.