United States District Court, S.D. California
HERNANDEZ, ESQ SB# 174791 Attorney for Material Witnesses
DEPOSITION ORDER FOR MATERIAL WITNESSES
Barbara L. Major Judge
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:
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.
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
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
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.
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.
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.
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.
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.
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.
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 ...