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Rule 15 – Depositions

May 14, 2021 | Criminal Procedure, Wyoming

(a) When taken. –

Whenever due to exceptional circumstances of the case, it is in the interest of justice that the testimony of a prospective witness of a party be taken the court may upon motion of such party and notice to the parties order that testimony of such witness be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged, be produced at the same time and place. If a witness is detained pursuant to statute or rule the court on written motion and upon notice to the parties may direct that the witness’s deposition be taken. After the deposition has been subscribed, the court may discharge the witness.

(b) Notice, place and process. –

(1) Notice of Taking. – The party at whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time or change the place for taking the deposition. The officer having custody of a defendant shall be notified of the time and place set for the examination and shall, unless the defendant waives in writing the right to be present, produce the defendant at the examination and keep the defendant in the presence of the witness during the examination, unless, after being warned by the court that disruptive conduct will cause the defendant’s removal from the place of the taking of the deposition, the defendant persists in conduct which is such as to justify exclusion from that place. A defendant not in custody shall have the right to be present at the examination upon request subject to such terms as may be fixed by the court, but a failure, absent good cause shown, to appear after notice and tender of expenses in accordance with subdivision (c) shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right.
(2) Subpoena. – An order to take a deposition authorizes the clerk of court to issue subpoenas for the persons named or described therein.
(3) Place. – The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court, taking into account the convenience of the witness and the parties.
(c) Payment of expenses. –

Whenever a deposition is taken at the instance of the state, or whenever a deposition is taken at the instance of a defendant who is indigent, the court may direct that the expense of travel and subsistence of the defendant and the defendant’s attorney for attendance at the examination, and the cost of the transcript of the deposition, be paid by the public defender’s office.

(d) How taken. –

Subject to such additional conditions as the court shall provide, a deposition shall be taken and filed in the manner provided in civil actions except as otherwise provided in these rules, provided that:

(1) In no event shall a deposition be taken of a party defendant without that defendant’s consent; and
(2) The scope and manner of examination and cross-examination shall be such as would be allowed in the trial itself. The state shall make available to the defendant or the defendant’s counsel for examination and use at the taking of the deposition any statement of the witness being deposed which is in the possession of the state and to which the defendant would be entitled at the trial.
(e) Use. –

At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used as substantive evidence if the witness is unavailable, as unavailability is defined in Rule 804(a), W.R.E, or the witness gives testimony at the trial or hearing inconsistent with that witness’s deposition. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require the offering of all of it which is relevant to the part offered and any party may offer other parts.

(f) Objections to testimony. –

Objections to deposition testimony or evidence or parts thereof and the grounds for the objection shall be stated at the time of the taking of the deposition.

(g) Deposition by agreement. –

Nothing in this rule shall preclude the taking of a deposition, orally or upon written questions, or the use of a deposition, by agreement of the parties with the consent of the court.

Wyo. R. Prac. & P. 15

amended July 22, 1993, effective October 19, 1993