California · Penal Code

PEN §866: (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.

Civil

What this law says, in plain English

This statute governs courtroom procedures during preliminary criminal examinations, including rules for defense witness testimony and the purpose of establishing probable cause for felony charges.

Read the full statutory text
(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. (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.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.