Texas Code of Criminal Procedure - Article 39.02. Witness Depositions
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Art. 39.02. WITNESS DEPOSITIONS. Depositions of witnesses
may be taken by either the state or the defendant. When a party
desires to take the deposition of a witness, the party shall file
with the clerk of the court in which the case is pending an
affidavit stating the facts necessary to constitute a good reason
for taking the witness's deposition and an application to take the
deposition. On the filing of the affidavit and application, and
after notice to the opposing party, the court shall hear the
application and determine if good reason exists for taking the
deposition. The court shall base its determination and shall grant
or deny the application on the facts made known at the hearing. This
provision is limited to the purposes stated in Article 39.01.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Amended by Acts 1967, 60th Leg., p. 1741, ch. 659, Sec. 24, eff.
Aug. 28, 1967.
Amended by Acts 2005, 79th Leg., ch. 1021, Sec. 1, eff. Sept. 1,
2005.
Article: 38.39 38.40 38.41 38.42 38.43 38.44 39.01 39.02 39.03 39.04 39.05 39.06 39.07 39.08 39.09
Last modified: August 11, 2007
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