Fed. R. Crim. P. 15

(a) When Taken.

(1) In General. A party may move that a prospective witness

be deposed in order to preserve testimony for trial. The court

may grant the motion because of exceptional circumstances

and in the interest of justice. If the court orders the deposition to be taken, it may also require the deponent to produce

at the deposition any designated material that is not privileged, including any book, paper, document, record, recording,

or data.

(2) Detained Material Witness. A witness who is detained

under 18 U.S.C. § 3144 may request to be deposed by filing a

written motion and giving notice to the parties. The court

may then order that the deposition be taken and may discharge the witness after the witness has signed under oath the

deposition transcript.

(b) Notice.

(1) In General. A party seeking to take a deposition must

give every other party reasonable written notice of the deposition’s date and location. The notice must state the name and

address of each deponent. If requested by a party receiving the

notice, the court may, for good cause, change the deposition’s

date or location.

(2) To the Custodial Officer. A party seeking to take the deposition must also notify the officer who has custody of the defendant of the scheduled date and location.

(c) Defendant’s Presence.

(1) Defendant in Custody. Except as authorized by Rule

15(c)(3), the officer who has custody of the defendant must

produce the defendant at the deposition and keep the defendant in the witness’s presence during the examination, unless

the defendant:

(A) waives in writing the right to be present; or

(B) persists in disruptive conduct justifying exclusion

after being warned by the court that disruptive conduct

will result in the defendant’s exclusion.

(2) Defendant Not in Custody. Except as authorized by Rule

15(c)(3), a defendant who is not in custody has the right upon

request to be present at the deposition, subject to any conditions imposed by the court. If the government tenders the defendant’s expenses as provided in Rule 15(d) but the defendant

27 Rule 15 FEDERAL RULES OF CRIMINAL PROCEDURE

still fails to appear, the defendant—absent good cause—waives

both the right to appear and any objection to the taking and

use of the deposition based on that right.

(3) Taking Depositions Outside the United States Without the

Defendant’s Presence. The deposition of a witness who is outside the United States may be taken without the defendant’s

presence if the court makes case-specific findings of all the

following:

(A) the witness’s testimony could provide substantial

proof of a material fact in a felony prosecution;

(B) there is a substantial likelihood that the witness’s

attendance at trial cannot be obtained;

(C) the witness’s presence for a deposition in the United

States cannot be obtained;

(D) the defendant cannot be present because:

(i) the country where the witness is located will not

permit the defendant to attend the deposition;

(ii) for an in-custody defendant, secure transportation and continuing custody cannot be assured at the

witness’s location; or

(iii) for an out-of-custody defendant, no reasonable

conditions will assure an appearance at the deposition

or at trial or sentencing; and

(E) the defendant can meaningfully participate in the

deposition through reasonable means.

(d) Expenses. If the deposition was requested by the government,

the court may—or if the defendant is unable to bear the deposition expenses, the court must—order the government to pay:

(1) any reasonable travel and subsistence expenses of the defendant and the defendant’s attorney to attend the deposition;

and

(2) the costs of the deposition transcript.

(e) Manner of Taking. Unless these rules or a court order provides otherwise, a deposition must be taken and filed in the same

manner as a deposition in a civil action, except that:

(1) A defendant may not be deposed without that defendant’s

consent.

(2) The scope and manner of the deposition examination and

cross-examination must be the same as would be allowed during trial.

(3) The government must provide to the defendant or the defendant’s attorney, for use at the deposition, any statement of

the deponent in the government’s possession to which the defendant would be entitled at trial.

(f) Admissibility and Use as Evidence. An order authorizing a

deposition to be taken under this rule does not determine its admissibility. A party may use all or part of a deposition as provided

by the Federal Rules of Evidence.

(g) Objections. A party objecting to deposition testimony or evidence must state the grounds for the objection during the deposition.

(h) Depositions by Agreement Permitted. The parties may by

agreement take and use a deposition with the court’s consent.

(As amended Apr. 22, 1974, eff. Dec. 1, 1975; Pub. L. 94–64, § 3(15)–(19),

July 31, 1975, 89 Stat. 373, 374, eff. Dec. 1, 1975; Pub. L. 98–473, title

28 Rule 16 FEDERAL RULES OF CRIMINAL PROCEDURE

II, § 209(b), Oct. 12, 1984, 98 Stat. 1986; Mar. 9, 1987, eff. Aug. 1, 1987;

Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 23, 2012, eff. Dec. 1, 2012.)