Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.
§ 1996.Witness a prisoner; order for production before court; motion; supporting affidavit
Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1996 requires that an order for the examination or production of a prisoner-witness under Section 1995 be made only on a party's motion, supported by an affidavit describing the nature of the action or proceeding, the testimony expected, and its materiality.
Full Text of § 1996
Plain-English Summary
Section 1995 gives courts the power to pull a prisoner out of jail for examination, and this section makes sure that power isn't used casually. The order can be made only on a party's motion, not on the court's own initiative and not on some informal request.
That motion has to be backed by an affidavit covering three things: what kind of action or proceeding is involved, what testimony the prisoner-witness is expected to give, and why that testimony matters. Requiring all three keeps the process tethered to an actual, demonstrated need rather than a routine or speculative request to have a prisoner brought to court.
Frequently Asked Questions
Can a court order a prisoner-witness examined on its own, without a party asking?
No. Section 1996 requires the order to be made only on a party's motion.
What must the supporting affidavit describe?
The nature of the action or proceeding, the testimony expected from the prisoner-witness, and its materiality.
Why does the law require this affidavit before the order can be made?
To make sure a prisoner is removed from custody or examined in jail only when a party has shown a real, material need for the testimony.
Amendment History
(Enacted in 1872.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: affidavit required prisoner witness examinationmotion to examine incarcerated witness california