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In some states, and under federal rule, a two-pronged materiality standard applies that permits a court to order depositions in exceptional circumstances and in the interest of justice to preserve testimony for trial. Under a state statute governing depositions in criminal cases, the burden is on the defendant requesting a deposition to establish necessity.
Federal Rule of Criminal Procedure 15 authorizes the taking of depositions under certain circumstances in criminal cases. Unlike civil cases, depositions in criminal matters may be required only by court order and may not be used for discovery purposes. Rule 15(a)(1) permits a party to move for such an order only to depose its own witnesses, as opposed to those of another party. Such orders are granted only when, "in the interest of justice," the testimony must be taken and preserved before trial in order to cope with "exceptional circumstances."
Additional Online Courses
- What Every First Responding Officer Should Know About DNA Evidence
- Collecting DNA Evidence at Property Crime Scenes
- DNA – A Prosecutor’s Practice Notebook
- Crime Scene and DNA Basics
- Laboratory Safety Programs
- DNA Amplification
- Population Genetics and Statistics
- Non-STR DNA Markers: SNPs, Y-STRs, LCN and mtDNA
- Firearms Examiner Training
- Forensic DNA Education for Law Enforcement Decisionmakers
- What Every Investigator and Evidence Technician Should Know About DNA Evidence
- Principles of Forensic DNA for Officers of the Court
- Law 101: Legal Guide for the Forensic Expert
- Laboratory Orientation and Testing of Body Fluids and Tissues
- DNA Extraction and Quantitation
- STR Data Analysis and Interpretation
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