Preview of Member Only Content
For full access: or Become a Member
Practice Points: Taking an Effective Deposition in a Criminal Case
By Shaun Khojayan
Practice Points columns.
Taking an Effective Deposition in a Criminal Case
A witness is unavailable to come to court, but her testimony is needed. This is yet another obstacle the defense attorney must overcome while preparing the case. Inevitably, the attorney drafts motions or requests for letters rogatory to secure the deposition or oppose it. While there are good articles discussing the legal standards involved in securing or opposing depositions from unavailable witnesses,1 most attorneys have little experience with actually taking an effective deposition, particularly in the defense of a criminal case.
In federal court, Rule 15 of the Federal Rules of Criminal Procedure makes depositions available to both sides upon good cause shown in a motion to preserve material testimony from an otherwise unavailable witness. In state court, however, depositions in criminal cases are rare. Only a handful of states allow depositions in criminal cases. The states that permit such depositions have differing rules as to wh
Want to read more?
The Champion archive is reserved for NACDL members.
NACDL members, please login to read the rest of this article.
Not a member? Join now.
Or click here to see an overview of NACDL Member benefits.
See what NACDL members say about us.
To read the current issue of The Champion in its entirety, click here.
- Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or email@example.com
- Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.