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Subject: Rule 25 - Rules of Criminal Procedure - Misdemeanors or Felonies - Disclosure and Depositions Publication / Adopted Date:June 13, 1979
Topic:Misdemeanors or Felonies - Deposition by State - When and How TakenRevised / Effective Date:July 1, 2004

25.14. Misdemeanors or Felonies - Deposition by State to Preserve Testimony - When and How Taken

A prosecuting 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 the defendant or the spouse of the 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 the 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 the 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.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended December 23, 2003, eff. July 1, 2004.)