Friday, October 30, 2015

Deposition of Prisoner

Rule 30 (a) of the Mississippi Rules of Civil Procedure provides that:

"(a) When Depositions May Be Taken.  After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of thirty days after service of the summons upon any defendant, except that leave is not required (1) if a defendant has served a notice of taking deposition or otherwise sought discovery, or (2) if special notice is given under subsection (b)(2) of this rule.  The attendance of witnesses may be compelled by subpoena.  The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.".

I started thinking about this and what happens if a party is in prison?  This is particularly noteworthy with a divorce or a termination of parental rights.  Based upon this, the court has to grant leave to conduct the deposition and what terms the court will have it on.  On a practical standpoint too, the prison will have to be coordinated too since they have certain requirements also. 

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