Rule 25.15 - Misdemeanors or Felonies-Discovery Depositions by State-when and How Taken(a) In General. A prosecuting attorney in any criminal case may obtain the deposition of any person on oral examination after an indictment or the filing of an information. 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 a location that is 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.(d)Experts. The prosecution 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 from an expert 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 25.44.