Depositions - Revision history

Ibjadmin: /* =Indiana */

2011-03-09T21:26:29Z

=Indiana

← Older revision		Revision as of 23:26, 9 March 2011
Line 16:		Line 16:
	===Federal System===		===Federal System===
	Depositions are typically not used for every witness in a federal criminal case. However, under Rule 15 of the Federal Rules of Criminal Procedure a witness may be deposed "in order to preserve testimony for trial. The court may grant the motion because of exceptional circumstances and in the interest of justice."<ref>Federal Rules of Criminal Procedure, Rule 15</ref>		Depositions are typically not used for every witness in a federal criminal case. However, under Rule 15 of the Federal Rules of Criminal Procedure a witness may be deposed "in order to preserve testimony for trial. The court may grant the motion because of exceptional circumstances and in the interest of justice."<ref>Federal Rules of Criminal Procedure, Rule 15</ref>
	===Indiana==		===Indiana===
			Under Indiana's Criminal Procedure Code, either party may depose a witness to secure testimony prior to trial.


	----		----
	See [[Evidence]]		See [[Evidence]]

	==Notes==		==Notes==
	<references/>		<references/>

Ibjadmin: /* Background */

2011-03-09T21:21:16Z

Background

← Older revision		Revision as of 23:21, 9 March 2011
Line 4:		Line 4:

	In the United States depositions may be read into evidence at trial if the witness is unable to appear at trial. Since the defendant has the right to be present during depositions and the witnesses are subject to cross-examination during the process, the Confrontation Clause is not triggered by using them as evidence at trial.		In the United States depositions may be read into evidence at trial if the witness is unable to appear at trial. Since the defendant has the right to be present during depositions and the witnesses are subject to cross-examination during the process, the Confrontation Clause is not triggered by using them as evidence at trial.

			A criminal defendant in the United States may not be deposed as they are protected by the Fifth Amendment of the United States Constitution.

	==Australia==		==Australia==

Ibjadmin: /* Background */

2011-03-09T21:19:46Z

Background

← Older revision		Revision as of 23:19, 9 March 2011
Line 1:		Line 1:
	==Background==		==Background==

	A deposition is a pre-trial discovery tool commonly used in civil cases. During a deposition, a witness is subjected to pre-trial questioning by attorneys from the opposing side. These interviews are tape recorded and then later reduced by stenographers. The resulting documents are called depositions.		A deposition is a pre-trial discovery tool commonly used in civil cases. During a deposition, a witness is subjected to pre-trial questioning by attorneys from the opposing side. These interviews are tape recorded and then later reduced by stenographers. The resulting documents are called depositions.

			In the United States depositions may be read into evidence at trial if the witness is unable to appear at trial. Since the defendant has the right to be present during depositions and the witnesses are subject to cross-examination during the process, the Confrontation Clause is not triggered by using them as evidence at trial.

	~~Depositions around the world~~
	==Australia==		==Australia==
	No formal right to depositions prior to trial.		No formal right to depositions prior to trial.

Ibjadmin: Created page with "==Background== A deposition is a pre-trial discovery tool commonly used in civil cases. During a deposition, a witness is subjected to pre-trial questioning by attorneys from th..."

2011-03-09T21:17:30Z

Created page with "==Background== A deposition is a pre-trial discovery tool commonly used in civil cases. During a deposition, a witness is subjected to pre-trial questioning by attorneys from th..."

New page

==Background==

A deposition is a pre-trial discovery tool commonly used in civil cases. During a deposition, a witness is subjected to pre-trial questioning by attorneys from the opposing side. These interviews are tape recorded and then later reduced by stenographers. The resulting documents are called depositions.

Depositions around the world
==Australia==
No formal right to depositions prior to trial.
==Canada==
The Canadian system has a similar pre-trial process called "examination by discovery".
==England==
No formal right to depositions prior to trial.
==United States==
===Federal System===
Depositions are typically not used for every witness in a federal criminal case. However, under Rule 15 of the Federal Rules of Criminal Procedure a witness may be deposed "in order to preserve testimony for trial. The court may grant the motion because of exceptional circumstances and in the interest of justice."<ref>Federal Rules of Criminal Procedure, Rule 15</ref>
===Indiana==

----
See [[Evidence]]
==Notes==
<references/>