If witness imprisoned.
Section 411
SEC. 411. If witness imprisoned. — If the witness be a prisoner confined in a jail or prison within the Islands, an order for his examination in the jail or prison, upon deposition, or for his temporary removal and production before a court or officer, for the purpose of being orally examined, may be made, as follows: 1. By the court itself in which the action or special proceeding is pending, unless it be a justice court; 2. By a judge of the Supreme Court or a judge of the Court of First Instance of the province where the action or proceeding is pending, if pending before a court of a justice of the peace, or before a judge or other person out of court. Such order can only be made upon the motion of a party, upon affidavit, showing the nature of the action or proceeding, testimony expected from the witness, and its materiality. If the witness be imprisoned in the province where the action or proceeding is pending, his production may be required. In all other cases his examination, when allowed, must be taken upon deposition.