40.157. Depositions authorized, when--procedure--exception--admitted into evidence, when.
Depositions authorized, when--procedure--exception--admitted intoevidence, when.
40.157. 1. At any time after charges have been signed, asprovided in section 40.108, any party may take oral or writtendepositions unless the military judge or an authority competentto convene a court-martial for the trial of those charges forbidsit for good cause. If a deposition is to be taken before chargesare referred for trial, such an authority shall designatecommissioned officers to represent the prosecution and thedefense and may authorize those officers to take the depositionof any witness.
2. The party at whose instance a deposition is to be takenshall give to every other party reasonable written notice of thetime and place for taking the deposition.
3. Depositions may be taken before and authenticated by anymilitary or civil officer authorized by the laws of this state orby the laws of the place where the deposition is taken toadminister oaths.
4. A duly authenticated deposition taken upon reasonablenotice to the other parties, so far as otherwise admissible underthe rules of evidence, may be read in evidence before anycourt-martial or in any proceeding before a court of inquiry, ifit appears:
(1) That the witness is dead; or
(2) That the witness is out of the state and the witness'appearance cannot be obtained, unless it appears that the absenceof the witness was procured by the party offering the deposition;or
(3) That the witness is unable to attend or testify becauseof sickness, infirmity, imprisonment, military necessity, age, ornonamenability to process, or other reasonable cause; or
(4) That the party offering the deposition has been unableto procure the attendance of the witness by subpoena or otherprocess.
(L. 1984 H.B. 1035 § 50)