Louisiana Code of Criminal Procedure 294 – Examination of witnesses; transcript of testimony
Terms Used In Louisiana Code of Criminal Procedure 294
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. At the preliminary examination the state and the defendant may produce witnesses, who shall be examined in the presence of the defendant and shall be subject to cross-examination. The defendant may also testify, subject to cross-examination. A record of the preliminary examination proceedings shall be made.
B. Except upon an order issued by the court pursuant to a motion filed by the defendant, a defendant who is charged with a crime against a juvenile may not subpoena the victim to testify at the preliminary examination.
C. A transcript of the testimony of the witnesses, including that of the defendant, may be made by the court or under its direction and, if made, shall be signed and certified by the person taking the testimony.
D. Upon motion of the state or the defendant, a transcript of the preliminary examination proceedings may be made. The cost of the transcript preparation under this Paragraph shall be paid by the party making the motion, unless the party is an indigent defendant.
E. The procedures set forth in Articles 322 through 329 of the Louisiana Children’s Code and La. Rev. Stat. 15:440.1 and 283, relative to those procedures which provide protection for children who are victims of physical or sexual abuse, shall apply to all trial and pretrial procedures.
Acts 1986, No. 1029, §1; Acts 1994, 3rd Ex. Sess., No. 142, §1.