29-1917 Deposition of witness; when; procedure; use at trial. - Nebraska Statutes

29-1917. Deposition of witness; when; procedure; use at trial.(1) Except as provided in section 29-1926, at any time after the filing of an indictment or information in a felony or Class W misdemeanor prosecution, the prosecuting attorney or the defendant may request the court to allow the taking of a deposition of any person other than the defendant who may be a witness in the trial of the offense. The court may order the taking of the deposition when it finds the testimony of the witness:(a) May be material or relevant to the issue to be determined at the trial of the offense; or(b) May be of assistance to the parties in the preparation of their respective cases.(2) An order granting the taking of a deposition shall include the time and place for taking such deposition and such other conditions as the court determines to be just.(3) The proceedings in taking the deposition of a witness pursuant to this section and returning it to the court shall be governed in all respects as the taking of depositions in civil cases.(4) A deposition taken pursuant to this section may be used at the trial by any party solely for the purpose of contradicting or impeaching the testimony of the deponent as a witness. SourceLaws 1969, c. 235, § 6, p. 870; Laws 1988, LB 90, § 2; Laws 1993, LB 178, § 1. Cross ReferencesChild victim or child witness, use of videotape deposition, see section 29-1926. AnnotationsThis statute governs the appropriate use of discovery depositions in a criminal case when the deponent is available as a testifying witness. State v. Castor, 257 Neb. 572, 599 N.W.2d 201 (1999).A motion for depositions must be filed by a defendant after the information is filed. State v. Murphy, 255 Neb. 797, 587 N.W.2d 384 (1998).Subsection (4) of this section governs only the appropriate use of a discovery deposition when the deponent is an available, testifying witness. State v. Allen, 252 Neb. 187, 560 N.W.2d 829 (1997).Defendant is not entitled, as a matter of right, to a deposition pursuant to subsection (1) of this section. State v. Tuttle, 238 Neb. 827, 472 N.W.2d 712 (1991).