Editing Deposition (law) (section)

====Criminal procedure====
In some United States jurisdictions, depositions may be taken in criminal cases, for reasons that vary between jurisdictions. In federal criminal cases, [[Federal Rules of Criminal Procedure]] Rule 15 governs the taking of depositions. Each state has its own laws which govern the taking of depositions.

Most jurisdictions provide that depositions may be taken to perpetuate the testimony of a witness, that is, preserve their testimony for trial. If the person requested to testify (deponent) is a party to the lawsuit or someone who works for an involved party, notice of time and place of the examination before trial can be given to the other side's attorney, but if the witness is an independent third party, a subpoena must be served on him/her if he/she is recalcitrant. This occurs when a witness may not be able to testify at trial. The deposition of the witness is taken and, if the witness is unable to appear at trial, the deposition may be used to establish the witness' testimony in lieu of the witness actually testifying. Regarding depositions to preserve testimony, the [[Confrontation Clause]] of the [[Sixth Amendment to the United States Constitution]] establishes a [[constitutional right]] of the defendant to be present during the deposition and to [[Cross-examination|cross-examine]] the witness. The defendant may waive this right.

Some jurisdictions provide that depositions may be taken for purposes of discovery. In these jurisdictions, the defendant does not have a constitutional right to be present, although such a right may be established by statute.

Some jurisdictions require that because of the sensitive nature of taking a deposition of a minor, it must be videotaped.

A defendant in a criminal case may not be deposed without their consent because of the [[Fifth Amendment to the United States Constitution|Fifth Amendment]] right to not give [[Self-incrimination|testimony against oneself]].