13-4102. Grounds for examination; application

A. When a material witness for defendant or the state is about to leave the state, or is so sick or infirm as to afford reasonable grounds to believe that he will be unable to attend the trial, defendant or the state may apply to the court for an order that the witness be examined conditionally.

B. The application shall be made upon affidavit stating:

1. The nature of the offense charged.

2. The name and residence of the witness.

3. That his testimony is material to the defense or prosecution of the action.

4. That the witness is about to leave the state or is so sick or infirm as to afford reasonable grounds to believe that he will not be able to attend the trial.