Deposition Procedure Act

Deposition Procedure Act

An act to standardize and develop formal guidelines and procedures for the action of obtaining and providing depositions to ensure case integrity and veracity.

AUTHOR: Lady Evelynn Greene, Duchess of Storm’s Reach

SPONSORS: Marshal Adroby Relindor, Count of Courtland; Sir Ismond Laldere, Count of Wanduke

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the House of Nobles, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Glossary of terms
 * 1) A “deposition” shall be defined as the act of depositing evidence by written word or oral interview, conducted within the guidelines set forth in this act.
 * 2) A “deponent” shall be defined as the individual being interviewed to provide evidence.
 * 3) A “deposer” shall be defined as the individual requesting a deposition and providing the subject matter or questions for interview.

2 Prerequisite to the Deposition
 * 1) A deposition may only be requested or required if the following guidelines are met:


 * 1) An investigation by Agents of the Crown has been completed, under the supervision of His Majesty’s Constabulary; and/or by SI:7; and/or by investigative agents employed by the Ministry of Justice and approved by the Lord High Constable; and/or by His Majesty’s Armed Forces under the oversight of the Lord High Marshal.
 * 2) All information regarding the investigation must be reviewed and filed in order to officially open a formal case with a magistrate’s or military judge’s approval.
 * 3) Once a case is open, a legal notice requesting interview shall be sent, allowing the deponent a maximum of three days to respond.
 * 4) Should the deponent be reluctant to provide testimony, the requesting barrister may file a request for subpoena to the court, with clear reasoning as to why the deponent is essential to the case; the deposition may only be made mandatory if a magistrate or military judge approves this subpoena.

3 On Conducting a Deposition
 * 1) In order to schedule a deposition, the deposing party must issue notice or relevant subpoenas to the following parties: prosecution, defense,  the Lord High Constable, and the Lord High Marshal for cases of military justice.
 * 2) For the purpose of mediation, and to ensure appropriate behavior during the proceeding, one of the following must be  present: a magistrate, the Lord High Constable, or an Officer of His Majesty’s Constabulary or Royal guard OR; in cases of military justice, the Lord High Marshal, a military judge, or an Officer of His Majesty’s Armed Forces.
 * 3) In addition to the aforementioned, the following individuals should be provided opportunity to attend: the deponent’s counsel (if present), prosecution (party and counsel), defense (party and counsel).
 * 4) Before a deposition may begin, all parties must be delivered the appropriate Oath to ensure veracity and hold each party accountable for falsehoods spoken with malice toward any party in the case.
 * 5) Any counsel present may call for the following two objections:


 * 1) A form objection may be utilized if the deposer inappropriately words questions to be leading, damaging, malicious, or deemed to be unrelated to the existing case.
 * 2) An objection may be utilized to assert privilege in order to protect confidential or classified information that the deponent is not required to release without special court permission. This may include;


 * 1) Confidential information provided to religious officials; sometimes called ‘confessions’;
 * 2) Information shared with counsel, protected by confidentiality expectations and clauses;
 * 3) Information pertaining to the deponents health or medical history, unless specifically relevant to the content of the case;
 * 4) Classified information protected by SI:7 (which may only be released by Directors, Heads, or other High-Ranking officials of the agency), or classified information protected by the Lord High Constable and His Majesty’s Constabulary;
 * 5) Confidential or classified  information protected by the Lord High Marshal and His Majesty’s Armed Forces.
 * 6) If an objection has been delivered, the defense, prosecution, or deposer must agree to revise or remove the question OR; provide reasoning for its wording, relevance, or necessity OR; the mediating party must step in to ensure appropriate behavior and agreement is reached.
 * 7) The deponent shall not be interrupted with argument from defense or prosecuting parties, to ensure the avoidance of intimidation or confusion altering the provided testimony or evidence.
 * 8) The deponent may bring documentation in order to support his or her statements as fact, or reference witnesses that may be able to corroborate information.
 * 9) The deponent must swear under oath that any document provided to support his or her evidence or testimony is authentic. Documentation found to be false may lead to charges of perjury and obstruction.
 * 10) Cross-examination of deponent and additional questions will be allowed from both prosecution and defense.
 * 11) Depositions must be recorded or transcribed, filed with the court, and copies delivered to all relevant parties, including but not limited to: defense, prosecution, the deponent, and the relevant magistrate. Mediators and His Majesty’s Constabulary may request copies of a deposition.
 * 12) In military cases, the Lord High Marshal shall receive a copy of transcriptions or recordings, and His Majesty’s Armed Forces shall be authorized to request copies.

4 Written Depositions
 * 1) In the event an oral deposition cannot be acquired, a written deposition may be utilized.
 * 2) Written depositions require the approval of at least one magistrate; or one military judge in cases of military justice.
 * 3) A written deposition is to be written as a general statement on known information relating to the case, the parties involved in the case, or expertise regarding the circumstance or subject matter of the case.
 * 4) Written depositions may not be utilized for a character witness.

5 Admissibility
 * 1) A deposition may be referenced during a trial if;


 * 1) The presiding magistrate, or military judge, has been provided with a copy and accepted it, and
 * 2) The jury of peers (if participating) have been provided with a copy, and
 * 3) Defense and/or prosecution have been provided with a copy, and
 * 4) Copies are delivered prior to the trial date.
 * 5) Written depositions must meet the requirements of article 4 in order to be admissible in court.

6 On Aggression During Deposition
 * 1) All parties, with the exception of His Majesty’s Constabulary and His Majesty’s Armed Forces not on trial, shall be unarmed during a deposition.
 * 2) If a member of His Majesty’s Constabulary or His Majesty’s Armed Forces is the deponent, defense, or prosecution, he shall be supervised by at least one superior officer.
 * 3) The Lord High Constable is exempt from article 6 section 2.
 * 4) In cases of Military Justice, the Lord High Marshal shall be exempt from article 6 section 2.
 * 5) Should present parties fail to remain reasonable during a deposition, the presiding mediator may call for a mandatory brief recess.
 * 6) If a recess is unsuccessful, the mediator may attempt to intervene with verbal mediation, or may close the deposition.
 * 7) If a deposition has been closed due to aggression, a second meeting may be scheduled, or a request for subpoena to call a witness to trial may be filed with the magistrate or military judge.
 * 8) Threats of death or physical harm against a deponent, his or her relations, or his or her property will terminate the threatening party’s rights to cross examine or question the deponent. Charges may be filed due to threats.
 * 9) Physical aggression during a deposition calls for intervention by His Majesty’s Constabulary, and charges may be filed against any parties participating in such aggression for assault, in addition to obstruction of justice and/or criminal contempt.
 * 10) In cases of military justice, article 6 section 9 shall include intervention by His Majesty’s Armed Forces authorized as chamber guards by the officiating authority.

7 General Use
 * 1) A deposition may not be requested or mandated regarding previous cases in which the party has been convicted or acquitted, and already served punishment for; to utilize this information the party must request records of the desired trial or case from the court.
 * 2) A deposition may be requested or mandated regarding previous cases if the case was marked unresolved and remains open.
 * 3) No more than two depositions may serve the purpose of interviewing character witnesses.
 * 4) Multiple depositions may not be conducted simultaneously by the same deposer.

8 Short Title and Commencement
 * 1) The short title of this act shall be “Deposition Procedure Act”.
 * 2) The provisions of this act shall come into force immediately.