29B.50 - DEPOSITIONS.
29B.50 DEPOSITIONS.
1. At any time after charges have been signed, as provided in
section 29B.31 any party may take oral or written depositions unless
the military judge or court-martial without a military judge hearing
the case, or if the case is not being heard, an authority competent
to convene a court-martial for the trial of those charges forbids it
for good cause. If a deposition is to be taken before charges are
referred for trial, the authority may designate commissioned officers
to represent the prosecution and the defense and may authorize those
officers to take the deposition of any witness.
2. The party at whose instance a deposition is to be taken shall
give to every other party reasonable written notice of the time and
place for taking the deposition.
3. Depositions may be taken before and authenticated by any
military or civil officer authorized to administer oaths by the laws
of the United States or by the laws of the place where the deposition
is taken.
4. A duly authenticated deposition taken upon reasonable notice
to the other parties, so far as otherwise admissible under the rules
of evidence, may be read in evidence before any court-martial or in
any proceeding before a court of inquiry, if any of the following are
apparent:
a. That the witness resides or is out of the state of Iowa
and the witness' appearance cannot be obtained, unless it appears
that the absence of the witness was procured by the party offering
the deposition.
b. That the witness by reason of death, age, sickness, bodily
infirmity, imprisonment, military necessity, or other reasonable
cause, is unable to appear and testify in person at the place of
trial or hearing.
c. That the party offering the deposition has been unable to
procure the attendance of the witness by subpoena or other process
and the present whereabouts of the witness is unknown. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 29B.50; 82 Acts, ch 1042, § 31] Section History: Recent Form
2008 Acts, ch 1032, § 201