Rule 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. Defendant 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 the defendant to obtain effective discovery;(2) The effect of the defendant's presence on the witness; and(3) Any available use of screening or alternative methods of taping or recording that would allow the 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.Adopted June 13, 1979, eff. 1/1/1980. Amended December 23, 2003, eff. 7/1/2004. Amended December 19, 2017, eff. 7/1/2018.Committee Note-1979
This is the same as prior Rule 25.41.