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<blockquote data-quote="Merenguero" data-source="post: 1079569" data-attributes="member: 3426"><p>Good question.&nbsp; Your posts, on a wide range of topics, are getting better every day.&nbsp; The simple answer is that in criminal cases in Maryland, depositions cause all kinds of constitutional problems, such as the right to be present at all stages of a trial (the Court of Appeals consideration depos to be part of a trial), the right to confront and cross examine witnesses, etc.&nbsp; Those rights need to be expressly waived and generally a judge has tp find that the Defendant expressly waives those rights or risk getting reversed.&nbsp; I think for those reasons, criminal depos are not done in Maryland.&nbsp;&nbsp; I have never heard of one being held.&nbsp; There is a proceeding in civil cases called a De Bene Esse Depo where it is a deposition, but the despondent is fully cross examined and the depo is used as evidence just as if the deponent fully testified at trial.&nbsp; They are held when a witness gives advanced notice of his or her unavailability at trial and are pretty rare.&nbsp; I&#039;ve only participated in one of those in my life.</p></blockquote><p></p>

[QUOTE="Merenguero, post: 1079569, member: 3426"] Good question. Your posts, on a wide range of topics, are getting better every day. The simple answer is that in criminal cases in Maryland, depositions cause all kinds of constitutional problems, such as the right to be present at all stages of a trial (the Court of Appeals consideration depos to be part of a trial), the right to confront and cross examine witnesses, etc. Those rights need to be expressly waived and generally a judge has tp find that the Defendant expressly waives those rights or risk getting reversed. I think for those reasons, criminal depos are not done in Maryland. I have never heard of one being held. There is a proceeding in civil cases called a De Bene Esse Depo where it is a deposition, but the despondent is fully cross examined and the depo is used as evidence just as if the deponent fully testified at trial. They are held when a witness gives advanced notice of his or her unavailability at trial and are pretty rare. I've only participated in one of those in my life. [/QUOTE]

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