Wednesday, March 5, 2008

Going back to the Dark Ages

Well the Florida Legislature has decided again to try and do away with discovery depositions this term in cases involving third degree felonies. I would not be surprised to see someone attempt to amend this citing the costs involved. Of course the bill was introduced in the House by Representative Thompson, a prosecutor, since 1995. This bill deserves special monitoring.

SB 2744 Relating to Discovery Depositions (Identical HB 1327)
Discovery Depositions; Provides that a discovery deposition may not be taken in a case in which the defendant is charged only with a felony of the third degree, a misdemeanor, or a criminal traffic offense when all other discovery provided by law has been completed. Requires the trial court to consider certain conditions before allowing the discovery deposition. Repeals Rule 3.220(h)(1)(D), Florida Rules of Criminal Procedure, etc. EFFECTIVE DATE: 10/01/2008 except as otherwise provided.

1 comment:

Anonymous said...

Well... the Public Defenders and State Attorneys aren't doing themselves any favors. They are still doing depositions the same old EXPENSIVE way for the last 100 years, even though there are new technology based services that can cut the cost of depostions in half. I believe someone told me the Public Defender for the 9th Circuit Florida has reduced thier deposition costs by more than 3/4 using one of these recording services. So as long as the State paid attorneys aren't interested in saving money, it's inevitable the State is going to start cutting away at the cost for them by limiting what cases warrent depositions. The State should reward those organizations who show they can save money with new technology instead of punishing everyone.