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Supreme Court Rules



Section/Rule:
25.14

Subject:
Rule 25 - Rules of Criminal Procedure - Misdemeanors or Felonies - Disclosure and Depositions
Publication / Adopted Date:
June 13, 1979

Topic:
Misdemeanors or Felonies - Depositions to Preserve Testimony - When and How Taken
Revised / Effective Date:
July 1, 2018

25.14. Misdemeanors or Felonies - Depositions to Preserve Testimony - When and How Taken A prosecuting attorney or defense attorney may file a motion in a pending case to take the deposition of a witness to preserve testimony. The motion shall not seek the deposition of defendant or the spouse of defendant.

The court shall order the deposition if it finds, after a hearing, that the deposition is necessary to preserve testimony.

The order shall require defendant to attend the deposition or to personally waive the right to be present and the right of confrontation in writing or in open court. The order shall contain provisions necessary to fully protect defendant's rights of personal confrontation and cross-examination of the witness.

The court shall direct that the deposition be taken in the county where the offense occurred or at another location designated by the court.

A deposition taken pursuant to this Rule 25.14 may be used by either party at trial, subject to Rules 25.13 and 25.16.

The officer before whom the deposition is to be taken shall have authority to issue a subpoena requiring the attendance of the witness at the deposition in the same manner as is provided with respect to the attendance of witnesses at the trial of a criminal case.

The reasonable personal and traveling expenses of defendant and counsel shall be taxed as costs.
Committee Note - 1979
This is the same as prior Rule 25.43.
(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Dec. 23, 2003, eff. July 1, 2004; Dec. 19, 2017, eff. July 1, 2018)