| |
PROCEDURES
DEPOSITIONS
FOR TAKING
For oral depositions the accused has the right to
do the following:
. Be present except when (1) the accused,
absent for good cause, fails to appear after notice of
time and place of the deposition, (2) the accused is
disruptive, or (3) the deposition is ordered instead
of producing a witness on sentencing and the
authority ordering the deposition determines that
the interests of the parties and the court-martial can
be served adequately by an oral deposition without
the presence of the accused
. Be represented by counsel
Each witness giving an oral deposition is examined
under oath. The scope and manner of examination
and cross-examination are such as would be allowed
in the trial itself. The government makes available to
each accused, for examination and use at the taking of
the deposition, any statement of the witness that is in
the possession of the government and that the accused
would be entitled at trial.
For written depositions, the accused has the right
to be represented by counsel for the purpose of taking
a written deposition, except when the deposition is
taken for use at an SCM. No party has a right to be
present at a written deposition. The party requesting a
written deposition submits to the opposing counsel a
list of written questions to be asked of the witness.
Opposing counsel examines the questions and is
allowed a reasonable time to prepare cross-inter-
rogatories and objections, if any.
The normal steps to be followed in the taking of a
written deposition are as follows:
1. The side desiring the deposition gives the
other side written notice that the deposition has been
authorized by the CA, advises of the time and place it
will be taken and the name and address of each person
to be examined, and furnishes a list of written
interrogatories to be asked the deponent.
2. The opposing counsel prepares cross-inter-
rogatories and objections.
3. The interrogatories, objections, and cross-
interrogatories are submitted to the CA, or to the court
if it is in session.
4. The TC prepares the Interrogatories and
Deposition, DD Form 456, including therein the
interrogatories, cross-interrogatories, and objections.
5. The TC sends the deposition form to the
command nearest the deponent with a cover letter,
addressed return envelope, and a subpoena for a
civilian witness, if necessary.
6. The command receiving the deposition form
appoints a deposition officer and a reporter, if
necessary.
7. Oral answers are recorded on the deposition
form, even if an objection is set forth to the questions.
The court will rule on the objections at the trial. The
deposition officer must not make any rulings on the
objections.
8. The deponent examines the deposition and
signs it.
9. The deposition officer authenticates the
deposition and returns it to the TC.
The normal steps to be followed in the taking of
an oral deposition are as follows:
1. The side desiring the deposition gives the
other side written notice that the deposition has been
authorized by the CA, advises of the time and place it
will be taken, and provides a memorandum stating the
reasons for the deposition and the points desired to be
covered in an oral examination of the deponent.
2. The opposing counsel then submits a similar
memorandum.
3. The memorandums are submitted to the CA
(or the court, if in session) who may prepare
additional memorandums covering other points to be
covered.
4. The TC then prepares the form for the
deposition and it, along with the memorandums, is
mailed to the command nearest the deponent under a
cover letter with an addressed return envelope and
subpoena for a civilian witness, if necessary. If the
deposition is to be taken locally, the CA appoints a
3-29
|
