Guam § 70 - Procedure; Filing Information to be Given to

§ 70. Procedure; Filing Information to be Given to

Defendant.

(a) Subject to such additional conditions as the court may

provide, a deposition shall be taken and filed in the manner

provided in civil actions. However, in no event may a deposition

be taken of a party defendant without his consent, and the scope

and manner of examination and cross-examination shall be such

as would be allowed in the trial itself.

(b) The government shall make available to the defendant or

his counsel for examination and use at the taking of the deposition

any statement of the witness being deposed which is in the

possession of the government and which the defendant is entitled

to obtain pursuant to Article 1 (commencing with § 70.10).

NOTE: Section 70.65 is based in part on former Rule 15(d) but covers

several additional matters. Although this Section does not specifically refer

to a deposition on written interrogatories (compare former Rule 15(d), the

introductory clause recognized the court's power to impose suitable

conditions including such a procedure. Compare former § 1344 (deposition

to be taken before magistrate, sealed and transmitted to the court; court can

now require such procedure by its order). Former Rule 15 did not allow the

government to request the taking of a deposition. This has been changed,

but Subsection (a) of this Section makes clear that the change does not

permit the taking of the defendant's deposition without his consent.

Subsection (b) makes clear that the defendant should be furnished the

statements required by §§ 70.10 and 70.15 prior to the deposition.

Subsection (b) does not, however, broaden the scope of disclosure, i.e., the

prosecuting attorney is not required to furnish statements of a person whom

he does not intend to call as a witness. But see § 70.15.