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Section 54-86 – Depositions

May 11, 2021 | Connecticut, Criminal Procedure

(a) In any case involving an offense for which the punishment may be imprisonment for more than one year, the Superior Court or a judge thereof may, upon the application of the accused, order that the deposition of a witness shall be taken before a commissioner or magistrate, to be designated by the court or judge, if it appears that his testimony will be required at trial and that, by reason of bodily infirmity or residence out of this state, he will be unable to testify at trial.
(b) Reasonable notice of the time when and place where the examination will be had and of the interrogatories to be propounded shall be given to the state’s attorney or assistant state’s attorney for the judicial district in which the prosecution is pending; and such attorney may, within such time as the court or judge limits, file with the clerk of the court additional interrogatories to be propounded to the witness to be examined.
(c) Depositions so taken, opened by and filed with the clerk within such time as the court or judge directs, may be used at trial.

Conn. Gen. Stat. ยง 54-86

(1949 Rev., S. 8802; 1963, P.A. 642, S. 71; P.A. 73-116, S. 27; 73-667, S. 1, 2; P.A. 74-48; P.A. 75-567, S. 34, 80; P.A. 76-436, S. 476, 681; P.A. 78-280, S. 1, 127; P.A. 80-313, S. 34.)

State cannot take deposition. 90 C. 381. Comment of state’s attorney on accused’s use of depositions held improper to extent of requiring new trial. 96 C. 165. Proper course of accused to protect his rights under statute. Id., 166, 168. Cited. 229 Conn. 716. Cited. 19 CA 594; 29 CA 642; 36 Conn.App. 250; 42 CA 186; judgment reversed, see 241 C. 823.