KLY, I watched a TV program during which a criminal defense attorney stated that she was unable to obtain depositions from witnesses. I think the reason was that state law did not compel witnesses to provide such depositions. Does that ring a bell?
Yes. It depends usually on the purpose of the deposition. If the witness is an expert or a party whose presence is not possible for trial, she has a stronger argument to compel it.
In a criminal venue there is compulsory process guaranteeing the right to question witnesses, but that applies to trial. Most states don't require witnesses to submit to pretrial depositions absent a showing of unusual circumstances. However, any statements made by a witness concerning the relevant charge in question must be turned over to the other side.
