This is the way the defense attorney learns about the case. The defense attorney has the right to interview all witnesses listed by the State with limited exceptions. You will be notified of a deposition by subpoena which will generally be served upon you in person. Read the subpoena very carefully as it will instruct you when and where your deposition will be conducted. Should you have any questions or concerns regarding your deposition you should contact the assigned Assistant State Attorney or your victim advocate.
If you have previously provided a written or recorded statement to law enforcement, it is imperative that you review that statement before your deposition. If you have not had an opportunity to review your statement before the deposition ask either the defendant attorney or Assistant State Attorney to provide you with a copy to review. Your deposition will be either digitally recorded or taken down by a court reporter. A deposition is a formal proceeding and is taken from the witness while under oath. The defendant will not be present at the deposition.
Normally an Assistant State Attorney will be with you when you talk with the defense attorney. When you arrive at the deposition, you have the right to ask the defense attorney to call an Assistant State Attorney should one not be present upon your arrival. However, if the Assistant State Attorney is unable to attend, the defense attorney has the right to take the deposition anyway. You may have the right to have Victim Advocate accompany you during the deposition.
While you are required to answer a defense attorney’s questions during an officially noticed deposition, you are not otherwise required to subject yourself to an interview by the defendant, his attorney or an investigator working on behalf of the defendant. You are free to speak with them if that is your choice, but you are not compelled by law to do so. Should you be approached by any person seeking to take your statement and should you have any question about that feel free to contact the Assistant State Attorney assigned to your case or your victim advocate.