Name

County Attorney

Address

City, State, Zip

Telephone Number

Attorney for Plaintiff

MONTANA JUDICIAL DISTRICT COURT, COUNTY

*

STATE OF MONTANA, * CAUSE NO.

*

Plaintiff, * JUDGE

*

vs. * AFFIDAVIT IN SUPPORT OF

*

, * MOTION FOR DEPOSITION FOR

*

Defendant. * PERPETUATION OF TESTIMONY

* * * * * * * * * * * * * * * *

I, , County Attorney, upon oath, after first being duly sworn, deposes and says:

As County Attorney, after inquiry it appears necessary that a trial deposition for the perpetuation of testimony, after notice to the defendant, is necessary and an Order to this Court should be issued because it appears that a perspective witness, , a juvenile, may be unable to attend or may be prevented from attending a trial in the future or may remain a non-resident of the State and/or may be unwilling to provide relevant information to a requesting party, or simply be unavailable and that his/hertestimony is material in that he is a victim of crimes charged against the defendant by the State, and that it is necessary to take his deposition in order to prevent a failure of justice. On , 19 , this affiant spoke by phone with , mother/father of , and she/he indicated to the affiant that her/his son/daughter has a history of drug abuse and running away and she/he is unable to control his/her behavior or assure his/her appearance in Court. The State additionally requests that the deposition be conducted by video tape because of its increased effectiveness and accuracy for trial presentation and as a means to reduce expenses for the State.

DATED this day of , 19 .

Name

County Attorney

SUBSCRIBED AND SWORN TO before me this day of

, 19 .

Notary Public for State of Montana

Residing at:

My Commission Expires: