§ 8-83. When deposition may be read on the trial.
§8‑83. When deposition may be read on the trial.
Every deposition taken andreturned in the manner provided by law may be read on the trial of the actionor proceeding, or before any referee, in the following cases, and nototherwise:
(1) If the witness isdead, or has become insane since the deposition was taken.
(2) If the witness is aresident of a foreign country, or of another state, and is not present at thetrial.
(3) If the witness isconfined in a prison outside the county in which the trial takes place.
(4) If the witness is soold, sick or infirm as to be unable to attend court.
(5) If the witness isthe President of the United States, or the head of any department of thefederal government, or a judge, district attorney, or clerk of any court of theUnited States, and the trial shall take place during the term of such court.
(6) If the witness isthe Governor of the State, or the head of any department of the Stategovernment, or the president of the University, or the head of any otherincorporated college in the State, or the superintendent or any physician inthe employ of any of the hospitals for the insane for the State.
(7) If the witness is ajustice of the Supreme Court, judge of the Court of Appeals, or a judge,presiding officer, clerk or district attorney of any court of record, and thetrial shall take place during the term of such court.
(8) If the witness is amember of the Congress of the United States, or a member of the GeneralAssembly, and the trial shall take place during a time that such member is inthe service of that body.
(9) Except in actions orproceedings governed by the Rules of Civil Procedure, if the witness has beenduly summoned, and at the time of the trial is out of the State, or is morethan seventy‑five miles by the usual public mode of travel from the placewhere the court is sitting, without the procurement or consent of the partyoffering his deposition.
(10) If the action ispending in a magistrate's court the deposition may be read on the trial of theaction, provided the witness is more than 75 miles by the usual public mode oftravel from the place where the court is sitting.
(11) Except in actions orproceedings governed by the Rules of Civil Procedure, if the witness is aphysician duly licensed to practice medicine in the State of North Carolina,and resides or maintains his office outside the county in which the action ispending.
If any provision of this sectionconflicts with the Rules of Civil Procedure, then those Rules shall control inactions or proceedings governed by them. (1777, c. 115, ss. 39, 40,41, P.R.; 1803, c. 633, P.R.; 1828, ch. 24, ss. 1, 2; 1836, c. 30; R.C., c. 31,s. 63; 1869‑70, c. 227, s. 11; 1881, c. 279, ss. 1, 3; Code, s. 1358;1905, c. 366; Rev., s. 1645; 1919, c. 324; C.S., s. 1821; 1965, c. 675; 1969,c. 44, s. 23; 1971, c. 381, s. 7; 1973, c. 47, s. 2; 1991, c. 491, s. 1.)