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Originally Posted by Ramseyfan
But the problem is, the defense attorneys will not have an opportunity to depose or interview the witnesses. In a civil case depositions are routine and a matter of course, but in criminal cases there are almost never depositions.
As for informal interviews, why would ST's alleged victims cooperate and hold an interview with ST's defense attorney? I am sure they are not going to talk to ST's defense attorneys until the trial.
Yes, the prosecution must provide notice of the witnesses they intend to call at trial and the substance of what they are testifying to. But, no those notices rarely let the opposing attorney know what exactly the witness is going to say.
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I see your point. You are right - defense attorneys are not guaranteed the right to interview witnesses. Practically speaking, however, they do interview witnesses (prosecutors can't prevent it) - and a lot of non-interested witnesses do cooperate with both sides. But, as you point out, there are definitely times when witnesses decline to talk to defense attorneys.