Defendant.
(a) Subject to such additional conditions as the court may provide, a deposition shall be taken and filed in the manner provided in civil actions. However, in no event may a deposition be taken of a party defendant without his consent, and the scope and manner of examination and cross-examination shall be such as would be allowed in the trial itself. (b) The government shall make available to the defendant or his counsel for examination and use at the taking of the deposition any statement of the witness being deposed which is in the possession of the government and which the defendant is entitled to obtain pursuant to Article 1 (commencing with § 70.10). NOTE: Section 70.65 is based in part on former Rule 15(d) but covers several additional matters. Although this Section does not specifically refer to a deposition on written interrogatories (compare former Rule 15(d), the introductory clause recognized the court's power to impose suitable conditions including such a procedure. Compare former § 1344 (deposition to be taken before magistrate, sealed and transmitted to the court; court can now require such procedure by its order). Former Rule 15 did not allow the government to request the taking of a deposition. This has been changed, but Subsection (a) of this Section makes clear that the change does not permit the taking of the defendant's deposition without his consent. Subsection (b) makes clear that the defendant should be furnished the statements required by §§ 70.10 and 70.15 prior to the deposition. Subsection (b) does not, however, broaden the scope of disclosure, i.e., the prosecuting attorney is not required to furnish statements of a person whom he does not intend to call as a witness. But see § 70.15.