75-5b-106 - Taking testimony in another state.
75-5b-106. Taking testimony in another state.
(1) In a guardianship or protective proceeding, in addition to other procedures that maybe available, testimony of a witness who is located in another state may be offered by depositionor other means allowable in this state for testimony taken in another state. The court on its ownmotion may order that the testimony of a witness be taken in another state and may prescribe themanner in which and the terms upon which the testimony is to be taken.
(2) In a guardianship or protective proceeding, a court in this state may permit a witnesslocated in another state to be deposed or to testify by telephone, audiovisual, or other electronicmeans. A court of this state shall cooperate with courts of other states in designating anappropriate location for the deposition or testimony.
(3) Documentary evidence transmitted from another state to a court of this state bytechnological means that do not produce an original writing may not be excluded from evidenceon an objection based on the best evidence rule.
Enacted by Chapter 253, 2008 General Session