I am a little confused by this move to depose FW.
It seems risky to me since FW has a difficult time with the truth. The jeopardy comes in with the previous dismissal,
without prejudice. If she is caught in a lie, the previous charges can be reinstated.
Surely the Prosecutor could challenge FW statements if they are not backed up by fact or contradictory.
Here is what I have found.
I may be misinterpreting, but I believe all parties, all counsel, prosecution and defense attend a deposition.
Civil and Criminal procedures may be different.
I could be misunderstanding or over thinking.
Any clarifications are welcome.
Rule 15 - Deposition, Ohio Crim. R. 15 | Casetext Search + Citator
HowTaken.
Depositions shall be taken in the manner provided in civil cases.
The prosecution and defense shall have the right, as at trial, to full examination of witnesses.
A deposition taken under this rule shall be filed in the court in which the action is pending.
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 if the witness is unavailable, as defined in Rule 804(A) of the Ohio Rules of Evidence.
Any deposition may also be used by any party for the purpose of refreshing the recollection, or 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, any party may offer other parts.
I also relied upon this.
Criminal Depositions: Preserving Witness Testimony
How Criminal Depositions Work
Lawyers take depositions during the
pretrial discovery period, the time when prosecutors and defendants gather information about the other side’s case.
In most states and in federal court, the party seeking to depose a witness must file a motion with the trial court, explaining why a good reason exists for taking the witness’s deposition.
If the trial court grants the motion, the prosecutor and defense attorney take the sworn testimony of the witness outside of court and with no judge present.
The lawyers ask the witness the same types of questions they would pose during trial. A court reporter writes down what the witness says and later produces a transcript of the deposition for use in court.
Edit to add. FW may think she can sail thru a deposition, (and maybe she could, temporarily) only to have it come back and bite her in the end.