Legal Question in Criminal Law in Minnesota

Domestic Abuse Deposition

If a domestic abuse case court date is not scheduled for two months from now, can the deposition be taken now and have the same effect as it would if taken right before the court date. Would it still help the case? The deposition is being taken be the girl who made the reamarks to the police regarding the assault. The deposition will be taking back that there was assaul.


Asked on 7/19/00, 10:08 am

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Domestic Abuse Deposition

First, this is not, strictly speaking, a criminal law question, though it may be related to a criminal case or potential one. In a family-court domestic abuse act hearing case, it is unusual for the hearing to be two months away. The use of deposition testimony of a person who had complained of being a victim to police, then recants that complaint in a deposition could be useful. Though I've never chosen to do this, it could make sense in the right case. Is it better to do it closer in time to the complaint to police or closer in time to the hearing date? Well, his/her memory might be more clear or more credible closer in time to the incident date. But, doing it later in time might help ensure he/she does not change his/her tune yet again at the hearing. Etc. That's a judgment call. I'd likely just schedule it at the convenience of all concerned. Under normal circumstances, it's good to have at least a month to schedule a deposition.

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Answered on 9/14/00, 1:27 pm


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