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

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Supreme Court Rules

		Section/Rule:	25.12
Subject:	Rule 25 - Rules of Criminal Procedure - Misdemeanors or Felonies - Disclosure and Depositions	Publication / Adopted Date:	June 13, 1979
Topic:	Misdemeanors or Felonies - Discovery Deposition by Defendant - When and How Taken	Revised / Effective Date:	July 1, 2018

25.12. Misdemeanors or Felonies - Discovery Deposition by Defendant - When and How Taken

(a)

In General.

A defendant in any criminal case

after an indictment or the filing of an information

may obtain the deposition of any person on oral examination or written questions. 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

another

location

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.

efendant shall not be physically present at a discovery deposition except by agreement of the parties or upon court order for good cause shown

. In addition, upon motion of the defense, the court may order the physical presence of

defendant upon a showing of good cause.

The court should consider:

(1)

The need for the physical presence of

defendant to obtain effective discovery;

(2)

The effect of

defendant's presence on the witness

;

and

(3)

Any available use of screening or alternative methods of taping or recording that would allow

defendant limited observation of the witness and the ability to confer with counsel.

(d)

Experts.

The defense 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

pay the expert a reasonable hourly fee for the time

the

expert is deposed.

Committee Note - 1979

This is the same as prior Rule 25.41.

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