Ohio Crim.R. 15

(A) When taken

If it appears probable that a prospective witness will be unable to attend or will be prevented

from attending a trial or hearing, and if it further appears that the witness’s testimony is

material and that it is necessary to take the witness’s deposition in order to prevent a failure

of justice, the court at any time after the filing of an indictment, information, or complaint

shall upon motion of the defense attorney or the prosecuting attorney and notice to all the

parties, order that the witness’s testimony be taken by deposition and that any designated

books, papers, documents or tangible objects, not privileged, be produced at the same time

and place.

If a witness is committed for failure to give bail or to appear to testify at a trial or hearing,

the court on written motion of the witness and notice to the parties, may direct that the

witness’s deposition be taken. After the deposition is completed, the court may discharge

the witness.

(B) Notice of taking

The party at whose instance a deposition is to be taken shall give to every other party

reasonable written notice of the time and place for taking the deposition. The notice shall

state the name and address of each person to be examined. On motion of a p arty upon

whom the notice is served, the court for cause shown may extend or shorten the time or fix

the place of deposition.

(C) Attendance of defendant

The defendant shall have the right to appear at the deposition. If the defendant is confined,

the person having custody of the defendant shall be ordered by the court to take the

defendant to the deposition. The defendant may waive the right to appear at the deposition,

provided the defendant does so in writing or in open court, is represented by counsel, and

is fully advised of the right to appear by the court at a recorded proceeding. The court may

permit the remote presence and participation of a defendant if the defendant has waived in

writing or orally on the record the right to be physically present and agreed to appear by

remote presence in accordance with Crim.R. 43(A)(2).

(D) Counsel

Where a defendant is without counsel, the court shall advise the defendant of the right to

counsel and assign counsel to represent the defendant unless the defendant waives counsel

or is able to obtain counsel. If it appears that a defendant at whose instance a deposition is

to be taken cannot bear the expense thereof, the court may direct that all deposition

expenses, including but not limited to travel and subsistence of the defendant's attorney for

attendance at such examination together with a reasonable attorney fee, in addition to the

compensation allowed for defending the defendant, and the expenses of the prosecuting

attorney in the taking of such deposition, shall be paid out of public funds upon the

certificate of the court making such order. Waiver of counsel shall be as prescribed in

Crim.R. 44(C).

(E) How taken

Depositions shall be taken in the manner provided in civil cases. The prosecution and

defense shall have the right, as at trial, to full examination of witnesses. A deposition taken

under this rule shall be filed in the court in which the action is pending.

(F) Use

At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible

under the rules of evidence, may be used if the witness is unavailable, as defined in Rule

804(A) of the Ohio Rules of Evidence. Any deposition may also be used by any party for

the purpose of refreshing the recollection, or contradicting or impeaching the testimony of

the deponent as a witness. If only a part of a deposition is offered in evidence by a party,

any party may offer other parts.

(G) Objections to admissibility

Objections to receiving in evidence a deposition or a part thereof shall be made as provided

in civil actions.