Legal Question in Criminal Law in Florida

2nd deposition

My attorney recently deposed the ''victim'' on our criminal case (I am defendant). I know that we only get 1 chance to depose before trial. However, the state prosecuter and ''victim'' threw new information at us during the deposition, so we were not prepared to ask questions on that subject. If the judge allows us to depose her again, would we be limited to only ask questions pertaining to the new information, or can we again ask anything we want?


Asked on 10/19/08, 3:14 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: 2nd deposition

The purpose of a criminal deposition, unlike a civil deposition, is to learn information. You usually don't get to be "prepared" for the information that comes at you. You just learn it and ask more quesions.

In my twenty years in criminal law, I've never even seen anyone ask for a second deposition. I doubt you'll get a second deposition, especially if the case was traumatic to the alleged victim.

I'd put it to you this way: if your case is a grand theft, you might get your depo (emphasis on "might"). If your case is child molesting, I doubt there's any chance on earth you'll get your second depo. They key is, how much could the depo "harm" the alleged victim? And realize that depos are always considered harmful to alleged victims. Put you case on that spectrum, and that will give you your odds of getting a second depo and your odds of asking questions beyond the newly discovered information.

Gotta tell you though, at best your odds are very slim on both.

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Answered on 10/19/08, 11:30 pm


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