Notice of Deposition; Presence of Defendant at Examination; Child Witness

  1. Law
  2. Georgia Code
  3. Evidence
  4. Securing Attendance of Witnesses and Production and Preservation of Evidence
  5. Depositions to Preserve Testimony in Criminal Proceedings
  6. Notice of Deposition; Presence of Defendant at Examination; Child Witness

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  1. 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.
  2. 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.
  3. The officer having custody of an accused shall be notified of the time and place set for the examination and shall, unless the accused waives in writing the right to be present, produce the accused at the examination and keep the accused in the presence of the witness during the examination unless, after being warned by the judge that disruptive conduct will cause the accused's removal from the place where the deposition is being taken, the accused persists in conduct which would justify exclusion from that place.
  4. An accused not in custody shall have the right to be present at the examination; but failure of the accused to appear, absent good cause shown, after notice and tender of expenses, shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right.
  5. Notwithstanding the provisions of subsections (c) and (d) of this Code section, if the witness is a child, the court may order that the deposition be taken in accordance with Code Section 17-8-55.

(Code 1981, §24-13-131, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)


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