thEdEfEndant ’ snEEdtodEposEall “ CatEgorYa ” witnEssEs
Criminal law Section Chairs : JustinPetredis – PetredisLaw & DiegoM . Pestana – TheSuarezLawFirm
whenthedefendantseeks todeposeallCategorya witnesses , defensecounsel isfulfillinghisorher ethicalobligations .
Florida Rule of Criminal Procedure 3.220 ( h )( 1 )( A ) states that a defendant “ may , without leave of court , take the deposition of any witness listed by the prosecutor as a Category A witness .” Thus , the plain language of Rule 3.220 ( h )( 1 )( A ) enables the defendant to depose all witnesses the State designates as a Category A witness . 1 Further , Rule
3.220 ’ s categorization of witnesses and allowance of depositions for Category A witnesses are meant to ensure that the defendant can effectively prepare for trial and avoid unfair surprise . 2
When a defendant proceeds to depose all Category A witnesses , he or she is not doing so out of a mere desire to prolong the case or inconvenience the State or its witnesses . Rather , defense counsel has a duty to depose all Category A witnesses , as the failure to do so could render the defendant ’ s representation ineffective .
When the State designates an individual as a Category A witness that means that witness has the “ ability to contribute towards
Continuedonpage47
4 6 J u l - A u g 2 0 2 3 | H C B A l A W Y E R