California Penal Code 866 – (a) When the examination of witnesses on the part of the people …
(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.
Terms Used In California Penal Code 866
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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.
(Amended June 5, 1990, by initiative Proposition 115, Sec. 16.)