United States District Court, S.D. California
DEPOSITION ORDER FOR MATERIAL WITNESSES
HONORABLE NITA L. STORMES
request of material witness(es), VICTORIA PAZOS-ROLON and
LUIS RUVALCABA-AGREDANO, hereinafter "material
witness(es)" and his/her/their counsel JONATHAN DAVID
FRANK, and good cause appearing:
material witness(es) being held in custody in case number
17MJ3641NLS and 17CR3506CAB shall be deposed on 12.07.17 at
11:00 AM. The deposition will take place in the office of the
United States Attorney located at 880 Front Street, Fifth
Floor, San Diego, California.
parties, meaning the United States and the defendant(s),
shall attend the material witness deposition(s). The
arresting agency shall bring the material witness(es) to the
deposition(s). If, in custody, the defendant(s) shall be
brought separately to the depositions(s) and a marshal shall
remain present during the proceeding.
United States Attorney's Office shall provide a videotape
operator ("operator") and, if necessary, arrange
for a federally court-certified interpreter, or otherwise
qualified interpreter (28USC§1827(2)}, to be present for
the material witness(es). The cost of the interpreter for the
material witness(es) shall be borne by the United States
4. If a
defendant or defendants, represented by counsel appointed
under the Criminal Justice Act ("CJA"), need an
interpreter other than the interpreter for the material
witness(es)(if any), then defense counsel shall arrange for a
federally court-certified interpreter, or otherwise qualified
interpreter (28USCS1827 (2)), to be present. The cost of a
separate interpreter for the defendant(s) shall be paid with
CJA funds. Interpreters procured by Federal Defenders of San
Diego, Inc. are paid with its funds.
United States Attorney's Office shall arrange for a
certified court reporter to be present. The court reporter
shall stenographically record the testimony, serve as a
notary and preside at the deposition in accordance with Rule
28 (a) of the Federal Rules of Civil Procedure. The cost of
the court reporter shall be borne by the United States
deposition shall be recorded by video recording, meaning
method that records sound as well as visual images. At the
conclusion of the deposition, on the record, the witness(es)
or any party may elect to have the witness(es) review the
video record of the deposition to check for errors or
omissions and to note any changes. Any errors, omissions or
changes, and the reasons for making them, shall be stated in
writing, signed by the witness(es), delivered to the notary
in a sealed envelope and filed in the same fashion as
described in Paragraph 17 below, unless the parties agree on
the record to a different procedure.
operator shall select and supply all equipment required to
video the deposition and shall determine all matters of
staging and technique, such as number and placement of
cameras and microphones, lighting, camera angle, and
background. The operator shall determine these matters in a
manner that accurately reproduces the appearance of the
witness(es) and assures clear reproduction of both the
witness(es}' testimony and the statements of counsel. The
witness(es}, or any party to the action, may object on the
record to the manner in which the operator handles any of
these matters. Any objection shall be considered by the Court
in ruling on the admissibility of the video record. All such
objections shall be deemed waived unless made promptly after
the objector knows, or had reasonable grounds to know, of the
basis for such objections.
deposition shall be recorded in a fair, impartial and
objective manner. The video equipment shall be focused on the
witness(es); however, the operator may, when necessary or
appropriate, focus upon charts, photographs, exhibits, or
like material being shown to the witness (es).
Before examination of the witness(es) begins, the Assistant
U.S. Attorney shall state on the record his/her name; the
date, time and place of the deposition; the name of the
witness (es); the identify of the parties and the names of
all persons present in the deposition room. The court
reporter shall then swear the witness(es) on the record.
Prior to any counsel beginning an examination of the
witness(es), that counsel shall identify himself/herself and
his/her respective client on the record.
Once the deposition begins, the operator shall not stop the
video recorder until the deposition concludes, except that,
any party or the witness(es) may request a brief recess,
which request will be honored unless a party objects and
specifies a good faith basis for the objection on the record.
Each time the recording is stopped, the operator shall state
on the record the time the recording stopped and the time it
is resumed. If the deposition requires use of more than one
media, the operator shall sequentially identify on the record
the end and beginning of each media.
objections both as to form and substance shall be recorded as
if the objection had been overruled. The Court shall rule on
objections at the appropriate time. The party raising the
objection(s) shall prepare a transcript for the Court to
consider. All objections shall be deemed waived unless made
during the deposition.
party offering the deposition into evidence at trial shall
provide the Court with a ...