United States v. Pardo-Sanchez

          CIRO HERNANDEZ, ESQ SB# 174791 Attorney for Material Witnesses

          DEPOSITION ORDER FOR MATERIAL WITNESSES

          Hon. Barbara L. Major Judge

         ORDER

         Upon request of material witnesses hereinafter "material witness", JESUS RODRIGUEZ-NORBERTO, SHUZ YANG SU, JIE ZHU, and ZHONGXIN ZHU, and their counsel, CIRO HERNANDEZ, and good cause appearing:

         1. The material witnesses being held in custody in case number 19cr4703JAH shall be deposed on 1/17/20 at 10 AM. The deposition will take place in the office of the United States Attorney located at 880 Front Street, Fifth Floor, San Diego, California.

         2. All parties, meaning the United States and the defendant, shall attend the material witness deposition. The arresting agency shall bring the material witness to the deposition. If, in custody, the defendant shall be brought separately to the deposition and a marshal shall remain present during the proceeding.

         3. The United States Attorney's Office shall provide an videography operator ("operator") and, if necessary, arrange for a court-certified interpreter to be present for the material witness. The cost of the interpreter for the material witness shall be borne by the United States Attorney's Office.

         4. If the defendants needs an interpreter other than the interpreter for the material witness, then defense counsel shall arrange for a court-certified interpreter to be present. The cost of a separate interpreter for the defendants shall be paid by the Court.

         5. The 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 AND TRANSCRIPT shall be borne by the United States Attorney's Office.

         6. The deposition shall be recorded by videography, meaning a digital format that records sound as well as visual images. At the conclusion of the deposition, on the record, the witnesses or any party may elect to have the witness review the videography 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, 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.

         7. The operator shall select and supply all equipment required to videograph 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 and assures clear reproduction of both the witness testimony and the statements of counsel. The witness, or any party to the action, may object on the record to the manner in which the operator handles any of these matters. Any objections shall be considered by the Court in ruling on the admissibility of the videograph 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.

         8. The deposition shall be recorded in a fair, impartial and objective manner. The videograph equipment shall be focused on the witness; however, the operator may, when necessary or appropriate, focus upon charts, photographs, exhibits, or like material being shown to the witness.

         9. Before examination of the witness begins, the Assistant U.S. Attorney shall state on the record his name; the date, time and place of the deposition; the name of the witness; the identity of the parties and the names of all persons present in the deposition room. The court reporter shall then swear the witness on the record. Prior to any counsel beginning an examination of the witness, that counsel shall identify himself and his respective client on the record.

         10. Once the deposition begins, the operator shall not stop the videograph recorder until the deposition concludes, except that, any party or the witness 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 resumed. If the deposition ...