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Old 06-13-2016, 01:44 AM
Bricker is offline
And Full Contact Origami
Join Date: Dec 1999
Location: Northern Virginia
Posts: 56,417
Originally Posted by Northern Piper View Post
Does a potential accused have a right to depose a potential witness in a criminal matter in the US? I realise that there may be 51 answers to that question, but I'm just curious from a comparative law perspective. (There's no such power in Canadian criminal law.)
Not an unfettered right, but in the federal systems and most states, the general rule is that either prosecution or defense can ask the judge to order a deposition when there is a need to preserve testimony. Generally the accused will have a Sixth Amendment right to be present.