Rule 34.02 Incarcerated Defendants

If a defendant is in jail and wants to be present for a witness deposition, the deposition has to happen somewhere the defendant can actually attend. That usually means holding it at the jail or at the courthouse. The court can also set up other arrangements, but the goal is the same: the defendant must have a real chance to be there in person.

This rule only applies if the defendant has not given up the right to appear. If the defendant agrees to skip the deposition, none of this matters and the deposition can happen wherever is convenient. But if the defendant wants to be there, the court and attorneys need to plan around that person's location in jail instead of forcing them to skip the proceeding just because they're locked up.