State ex rel. McDougall v. Municipal Court

OPINION

FROEB, Judge.

When a witness will not “cooperate” in giving a personal interview, rule 15.3, Arizona Rules of Criminal Procedure, authorizes the court, in its discretion, to order the taking of the witness’s oral deposition. The determination of whether a witness is “cooperative” is generally a matter within the discretion of the trial court. After reviewing the three cases before us in this consolidated appeal, we find a proper exercise of discretion concerning one witness and an erroneous exercise of discretion concerning the other two. Each case involves an attempt by defense counsel…