Rule 34.01 Authorization for Depositions

If you want to take a deposition in a criminal case, you need to ask the court for permission first. Before you file that request, you have to actually talk to the other side's lawyer and ask them to agree to it through a simple signed agreement, called a stipulated order.

Only after the other lawyer says no can you take the matter to the judge. When you file your request with the court, you must state clearly that you already asked the other side to agree and that they turned you down.

This rule exists so courts don't get pulled into disputes that lawyers could have settled between themselves. It pushes both sides to talk first and try to work things out before asking a judge to step in.