Supreme Court Rules - Rule 25 - Rules of Criminal Procedure - Misdemeanors or Felonies - Disclosure and Depositions: Misdemeanors or Felonies - Deposition Offered by State

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	25.16
Subject:	Rule 25 - Rules of Criminal Procedure - Misdemeanors or Felonies - Disclosure and Depositions	Publication / Adopted Date:	June 13, 1979
Topic:	Misdemeanors or Felonies - Deposition Offered by State - When Admissible	Revised / Effective Date:	July 1, 2018

25.16. Misdemeanors or Felonies - Deposition Offered by State - When Admissible

At the trial or upon any hearing, any deposition obtained in accordance with Rules 25.12, 25.14 or 25.15, so far as it is otherwise admissible under the rules of evidence, may be used by the state if:

(a)

efendant:

(1)

Was personally present at the deposition and had the right of confrontation and cross-examination at the deposition, or

(2)

Personally waived that right to be present and the right of confrontation in writing or in open court, or

(3)

Failed to attend the deposition after the court ordered

defendant to do so; and

(b)

The witness is unavailable in that the witness:

(1)

Is dead,

(2)

Is unable to attend or testify because of sickness or infirmity,

(3)

Has invoked a testimonial privilege or other refusal to testify not produced by the action of the state, or

(4)

Is otherwise unavailable and the state has made a good faith effort to obtain the presence of the witness at the hearing or trial, but has been unable to procure the attendance of the witness.

Committee Note - 1979

This is the same as prior Rule 25.45.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Dec. 23, 2003, eff. July 1, 2004; Dec. 19, 2017, eff. July 1, 2018.)