Legal Question in Criminal Law in Iowa
criminal deposition of witness
Is a defense attorney allowed or required to depose a witness in a criminal case? How does he find out what testimony is going to be?
Asked on 3/23/09, 5:26 pm
1 Answer from Attorneys
Robert Luedeman
solo practitioner
Re: criminal deposition of witness
It is permitted for a defense attorney to depose a witness, and the witness cannot refuse to be deposed. Once would study the incident reports and interrogation of the defendant, witness statements to police and so on to determine what legal issues are involved. It is also a tactical decision, because if a defense attorney knows pretty much what a witness is going to say it might not be a good idea to let them practice their story.
Answered on 3/23/09, 11:12 pm
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