§ 1995.Witness a prisoner; deposition; production before court; courts authorized to order production

A witness who happens to be incarcerated presents a logistical and security problem the ordinary subpoena process doesn't solve, and this section gives courts a specific mechanism for it. When the witness is a prisoner confined in a jail somewhere in California, the court can order either of two things: examination of the witness right there in the jail by deposition, or temporary removal so the witness can be produced before a court or officer.

Who has authority to make that order depends on the type of proceeding. The court where the action or special proceeding is pending can make it directly, unless the case is in small claims court. If the case is in small claims court, or the examination is needed before a judge or other person acting outside court, the order instead has to come from a justice of the Supreme Court or a judge of the superior court in the county where the case is pending.