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Section/Rule:
25.15
Subject:
Rule 25 - Rules of Criminal Procedure - Misdemeanors or Felonies - Disclosure and Depositions
Publication / Adopted Date:
June 13, 1979
Topic:
Misdemeanors or Felonies - Discovery Depositions by State - When and How Taken
Revised / Effective Date:
July 1, 2018
25.15. Misdemeanors or Felonies - Discovery Depositions by State - When and How Taken
(
a)
In
G
eneral.
A prosecuting attorney in any criminal case
may obtain the deposition of any person on oral examination
after an indictment or the filing of an information
. The manner of taking
the
deposition
shall be governed by the rules relating to the taking of depositions in civil actions.
(b)
Location of Deposition.
Depositions of witnesses shall be taken in the county where the witnesses live, or in
a
location
that
is agreed upon by the parties, or at a location designated by the court. The deposition of any person confined in prison shall be taken where
the
person is confined, unless otherwise ordered by the court.
(c)
Presence of Defendant.
D
efendant shall not be physically present at a discovery deposition except by agreement of the parties or upon court order for good cause shown
.
(d)
Experts.
The prosecution may discover by deposition the facts and opinions to which an expert is expected to testify. Unless manifest injustice would result, the court shall require that the party seeking discovery from an expert pay the expert a reasonable hourly fee for the time
the
expert is deposed.
Committee Note - 1979
This is the same as prior Rule 25.44.
(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Dec. 23, 2003, eff. July 1, 2004; Dec. 19, 2017, eff. July 1, 2018)
