Question about witness depositions

[momself]

What is the name of your state? Mo.

Charges of statutory rape and statutory sodomy were filed against my ex in feb. 2003. My daughter and i have already had our depositions in this case. My question is...my 9 yo son (not the victim in this case) has also received a subpoena for a deposition. Can his depo. be taped? Does my ex have the right to be present during the depo?

My son has severe emotional problems and has already tried to testify once, but was too afraid of my ex to go through with it.

 

[stephenk]

what does your attorney say?

Who wants to take the deposition?

 

[momself]

I do not have an atty for the criminal case. I'm a witness for the state, as is my son and daughter.

The defense atty wants to depose my son.

The victims advocate has told me that the accused has the right to confront his accusers.

 

[stephenk]

Is the defendant in jail? If yes, he will not be present for the deposition.

 

[momself]

He's out on bond.

 

[stephenk]

you should ask the prosecutor if the defendant is going to be present at the deposition. If your son is really frightened about being in the same room as your ex, you should hire an attorney to represent him and file a motion to set parameters on how the deposition is going to be conducted.

It will be worth the money.

 

[momself]

Thanks Stephenk!