Legal Question in Criminal Law in Florida
I have a question what happens when you are summons for a deposition for a capital felony case as a character witness? What does the person go through and should expect during a deposition for that kind of case? If the person summons happens to be affiliated with the victim of the crime and also affiliated with the person who committed the crime?
2 Answers from Attorneys
A character witness is required to have knowledge of the reputation and character of the subject. The deposition will probably be used to establish your knowledge of both parties and their reputations. In a capital felony the most likely questions will be about the reputation for peacefulness of the accused and the victim. The deposition itself is pretty simple, there will be two lawyers present and a court reporter and it is usually taken in a small meeting room. Each lawyer will have a chance to ask some questions and it will probably be over fairly quickly unless you have personal knowledge of the facts related to the crime.
If you are subpoenaed you are required to appear and answer the questions asked. It is impossible to know for sure what questions will be asked. They may ask you questions about a person's character. Most character evidence is not admissible at trial but lawyers at a deposition are allowed to ask questions that might not be allowed at a trial. You might be asked about reputation, specific instances, or your own opinions, even though it may not come up during the trial.
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