(1) The order authorizing the taking of a deposition shall contain such specifications as will fully protect the rights of personal confrontation and cross-examination of the witness by the defendant. Whenever it is practicable to do so, the court shall direct that the deposition be taken in the county where the criminal case is pending, and the attendance of witnesses may be compelled by subpoena in the same manner as at trial. (2) If a deposition is taken at the instance of the Commonwealth, the Commonwealth shall pay in advance the reasonable expenses of travel and subsistence of the defendant and the defendant’s attorney in attending such examination. (3) If a defendant is in custody, he or she shall be produced at the examination by the officer having the defendant in custody and kept in the presence of the witness during the examination.
Ky. R. Crim. P. RCr 7.12
Amended by Order 98-3, eff. 3-1-99; prior amendments eff. 9-1-81 (Order 81-5), 1-1-78; adopted eff. 1-1-63
