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Current as of January 01, 2024 | Updated by FindLaw Staff
Depositions of witnesses may be taken by either the state or the defendant. When a party desires to take the deposition of a witness, the party shall file with the clerk of the court in which the case is pending an affidavit stating the facts necessary to constitute a good reason for taking the witness's deposition and an application to take the deposition. On the filing of the affidavit and application, and after notice to the opposing party, the court shall hear the application and determine if good reason exists for taking the deposition. The court shall base its determination and shall grant or deny the application on the facts made known at the hearing. This provision is limited to the purposes stated in Article 39.01.
Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 39.02. Witness Depositions - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-39-02/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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