A Treatise On Philippine Practice Including the Law of Evidence Applicable to

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1990).
Witness imprisoned. If the witness be confined in a jail or prison within the province where the action is pending, an order may be made by a judge of the court of first instance of said province, or of the Supreme Court, (upon motion supported by affidavit showing the nature of the proceeding, the testimony expected and its materiality) for the production of the witness or, if confined elsewere in the Philippines, for the taking of his deposition. (Act 190 sec. 411. Cf. Cal. Code C. P.
...Sec. 1995. ) in:; Sec. Lsti. Subpoena is the process by which tin- attendance of a witness is required 1 . It must be directed to him and specify the time and place of testifying. It may also require him to produce books 2, documents or other articles under his control and is then called a subpoena duces tecum. (Act 190 sec. 402; Cal. Code C. P. Sec. 1985; Wigmore, Ev. Sees. 219'), 2200. ) Form: Subpoena. To oi Greeting: You are hereby commanded to be ami appear at the Court of First Instance [or Justice of the Peace] in and for the province [or municipality] of on the day of ...

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