Unlike in civil cases, where both parties are always entitled to appear at the other’s depositions, in criminal cases Rule 3.220(h)(7) prohibits a Defendant from attending depositions which are scheduled by her / his lawyer and are taken of State witnesses, with an exception for where both sides agree to permit the Defendant to be present or where the Judge finds “good cause” for that to happen.
It is rare that the Court will permit a criminal Defendant to attend a deposition but there are circumstances where it does happen. For example, in non-violent “pape-cases” where a Defendant is an “expert” in the field and the lawyer must depose a skilled State’s witness (like a forensic accountant or a financial investigator) then the Defendant may be permitted to attend as a) the Defendant’s presence will assist his lawyer in conducting a meaningful deposition and b) there is no intimidating effect on the witness by the Defendant’s presence (compare this example to an assault or battery or a domestic violence case where the alleged victim is being deposed).
Still, if you are a Defendant then you will almost certainly not be permitted to attend your own depositions and you should spend as much time as is necessary with your lawyer, preparing her or him to take a meaningful and effective deposition.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
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