Article IV. Rules on Criminal Proceedings in the Trial Court · Part B. Discovery · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRule 414 lets a court order a deposition to preserve a witness's testimony for a criminal case, while protecting the defendant's right to confront and cross-examine that witness.
(a)If it appears to the court in which a criminal charge is pending that the deposition of any
person other than the defendant is necessary for the preservation of relevant testimony because of the substantial possibility it would be unavailable at the time of hearing or trial, the court may, upon motion and notice to both parties and their counsel, order the taking of such person’s deposition under oral examination or written questions for use as evidence at a hearing or trial.
(b)The taking of depositions shall be in accordance with rules providing for the taking of depositions in civil cases, and the order for the taking of a deposition may provide that any designated books, papers, documents or tangible objects, not privileged, be produced at the same time and place.
(c)If a witness is committed for failure to execute a recognizance to appear to testify at a hearing or trial, the court, on written motion of the witness and upon notice to the State and defense counsel, may order that his deposition be taken, and after the deposition has been subscribed, the court may discharge the witness.
(d)Rule 207-Signing and Filing Depositions-shall apply to the signing and filing of depositions taken pursuant to this rule.
(e)The defendant and defense counsel shall have the right to confront and cross-examine any witness whose deposition is taken. The defendant and defense counsel may waive such right in writing, filed with the clerk of the court.
(f)If the defendant is indigent, all costs of taking depositions shall be paid by the county wherein the criminal charge is initiated. If the defendant is not indigent the costs shall be allocated as in civil cases.
Effective October 1, 1971.
Plain-English Summary
Sometimes a witness, other than the defendant, might not be available by the time a case goes to hearing or trial. Rule 414 lets the court, on motion and with notice to both sides, order that witness's deposition taken, under oath or by written questions, so the testimony can still be used later. Depositions follow the same procedures used in civil cases, and the order can also require production of documents or objects at the same time.
A related situation gets its own provision: a witness who's been jailed for refusing to promise to appear and testify can ask to have a deposition taken instead, after which the court can let the witness go.
The defendant and defense counsel keep the right to confront and cross-examine any witness whose deposition is taken, though that right can be waived in writing. And if the defendant is indigent, the county, not the defendant, pays the cost of taking the deposition.
Frequently Asked Questions
When can a court order a deposition in a criminal case?
When it appears there's a substantial possibility a witness, other than the defendant, won't be available at the hearing or trial, and preserving the testimony is necessary.
Can the defendant be deposed under this rule?
No. Rule 414 covers depositions of witnesses other than the defendant.
Does the defendant get to cross-examine a witness who's deposed?
Yes, unless the defendant and counsel waive that right in writing.
Who pays for a deposition if the defendant can't afford it?
The county where the charge was filed pays the cost. If the defendant isn't indigent, costs are allocated as in civil cases.
What happens to a witness jailed for refusing to promise to appear at trial?
The witness can ask the court to take a deposition instead, and once it's been signed, the court can discharge the witness from custody.
Committee Comments
The committee chose not to include depositions for discovery purposes, but did decide to follow the unmistakable trend and provide for depositions to preserve testimony. This rule allows both the State and defense counsel to take such depositions and use the testimony as evidence at a hearing or trial in situations where the potential witness will be unable to appear at hearing or trial for any reason. The deposition is not taken by right but is subject to court approval. Notice should be taken of the fact that depositions may be taken by written questions as well as by oral examination.
Paragraph (c) provides for the taking of a deposition in circumstances which most other jurisdictions have recognized as a necessary use of depositions. In order to prevent unnecessary incarceration, a judge may permit the deposition of a witness committed for failure to execute a recognizance to appear.
Paragraphs (e) and (f) protect the defendant’s constitutional rights. Paragraph (e) protects his rights of confrontation and cross-examination, and paragraph (f) assures equal protection to those indigents whose defense requires the taking of a deposition.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as:criminal case deposition rule illinoispreserve witness testimony before trialunavailable witness deposition criminalevidence deposition confrontation rightdeposition cost indigent defendant