1 2 3 4 5 6 7 8 9 10 11 UNITED STATES OF AMERICA, 12 v. 13 , 14 Defendant. 15 16 17 18 ORDER Upon request of material witness(es) (hereinafter "material witness(es)" or "the and his/her counsel , Plaintiff, ) ) ) ) ) ) ) ) ) Case No.: DEPOSITION ORDER FOR MATERIAL WITNESS UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 19 witness(es)" 20 and good cause appearing: 21 1. The material witness being held in custody in case number at . The deposition will take place in the 22 shall be deposed on 23 office of the United States Attorney located at 880 Front Street, Fifth Floor, San Diego, 24 California. 25 2. All parties, meaning the United States and the defendant(s), shall attend the 26 material witness deposition. The arresting agency shall bring the material witness to the 27 deposition. If, in custody, the defendant shall be brought separately to the deposition and a 28 marshal shall remain present during the proceeding. (revised Sep 2010) 1 American LegalNet, Inc. www.FormsWorkFlow.com 1 3. The United States Attorney's Office shall provide a videotape operator 2 ("operator") and, if necessary, arrange for a federally court-certified interpreter, or otherwise 3 qualified interpreter (28 U.S.C. § 1827(2)), to be present for the material witness(es). The cost of 4 the interpreter for the material witness(es) shall be borne by the United States Attorney's Office. 5 4. If a defendant or defendants, represented by counsel appointed under the Criminal 6 Justice Act ("CJA"), need an interpreter other than the interpreter for the material witness(es) (if 7 any), then defense counsel shall arrange for a federally court-certified interpreter, or otherwise 8 qualified interpreter (28 U.S.C. § 1827(2)), to be present. The cost of a separate interpreter for the 9 defendant(s) shall be paid with CJA funds. Interpreters procured by Federal Defenders of San 10 Diego, Inc. are paid with its funds. 11 5. The United States Attorney's Office shall arrange for a certified court reporter to 12 be present. The court reporter shall stenographically record the testimony, serve as a notary and 13 preside at the deposition in accordance with Rule 28(a) of the Federal Rules of Civil Procedure. 14 The cost of the court reporter shall be borne by the United States Attorney's Office. 15 6. The deposition shall be recorded by videotape, meaning a magnetic tape that 16 records sound as well as visual images. At the conclusion of the deposition, on the record, the 17 witness(es) or any party may elect to have the witness(es) review the videotape record of the 18 deposition to check for errors or omissions and to note any changes. Any errors, omissions or 19 changes, and the reasons for making them, shall be stated in writing, signed by the witness(es), 20 delivered to the notary in a sealed envelope and filed in the same fashion as described in 21 Paragraph 17 below, unless the parties agree on the record to a different procedure. 22 7. The operator shall select and supply all equipment required to videotape the 23 deposition and shall determine all matters of staging and technique, such as number and 24 placement of cameras and microphones, lighting, camera angle, and background. The operator 25 shall determine these matters in a manner that accurately reproduces the appearance of the 26 witness(es) and assures clear reproduction of both the witness(es)' testimony and the statements 27 of counsel. The witness(es), or any party to the action, may object on the record to the manner in 28 which the operator handles any of these matters. Any objections shall be considered by the Court (revised Sep 2010) 2 American LegalNet, Inc. www.FormsWorkFlow.com 1 in ruling on the admissibility of the videotape record. All such objections shall be deemed 2 waived unless made promptly after the objector knows, or had reasonable grounds to know, of 3 the basis for such objections. 4 8. The deposition shall be recorded in a fair, impartial and objective manner. The 5 videotape equipment shall be focused on the witness(es); however, the operator may, when 6 necessary or appropriate, focus upon charts, photographs, exhibits, or like material being shown 7 to the witness(es). 8 9. Before examination of the witness(es) begins, the Assistant U.S. Attorney shall 9 state on the record his/her name; the date, time and place of the deposition; the name of the 10 witness(es); the identity of the parties and the names of all persons present in the deposition 11 room. The court reporter shall then swear the witness(es) on the record. Prior to any counsel 12 beginning an examination of the witness(es), that counsel shall identify himself/herself and his/her 13 respective client on the record. 14 10. Once the deposition begins, the operator shall not stop the videotape recorder until 15 the deposition concludes, except that, any party or the witness(es) may request a brief recess, 16 which request will be honored unless a party objects and specifies a good faith basis for the 17 objection on the record. Each time the recording is stopped, the operator shall state on the record 18 the time the recording stopped and the time it resumed. If the deposition requires the use of more 19 than one tape, the operator shall sequentially identify on the record the end and beginning of each 20 tape. 21 11. All objections both as to form and substance shall be recorded as if the objection 22 had been overruled. The Court shall rule on objections at the appropriate time. The party raising 23 the objection(s) shall prepare a transcript for the Court to consider. All objections shall be 24 deemed waived unless made during the deposition. 25 12. The party offering the deposition into evidence at trial shall provide the Court 26 with a transcript of the portions so offered. 27 13. Copies of all exhibits utilized during the videotaped deposition shall be attached 28 to the videotaped record. (revised Sep 2010) 3 American LegalNet, Inc. www.FormsWorkFlow.com 1 14. At the conclusion of the deposition, any objection, including the basis, to release 2 of the material witness(es) from custody shall be stated on the record. If there is no objection, the 3 attorney for the material witness(es) shall immediately serve all parties with a "Stipulation and 4 Proposed Order for Release of the Material Witness(es)" and submit the Order to the Clerk of 5 Court for the Judge's signature. Prior to release from custody the attorney for the Government 6 shall serve