§ 30-13-52 Depositions. – (a) At any time after charges have been signed, as provided in § 30-13-32,any party may take oral or written depositions unless an authority competent toconvene a court-martial for the trial of those charges forbids it for goodcause. If a deposition is to be taken before charges are referred for trial,the authority may designate commissioned officers to represent the prosecutionand the defense and may authorize those officers to take the deposition of anywitness.
(b) The party at whose instance a deposition is to be takenshall give to every other party reasonable written notice of the time and placefor taking the deposition.
(c) Depositions may be taken before and authenticated by anymilitary or civil officer authorized by the laws of the state or by the laws ofthe place where the deposition is taken to administer oaths.
(d) A duly authenticated deposition taken upon reasonablenotice to the other parties, so far as otherwise admissible under the rules ofevidence, may be read in evidence before any court-martial or in any proceedingbefore a court of inquiry, if it appears:
(1) That the witness resides or is beyond the state in whichthe court-martial or court of inquiry is ordered to sit, or beyond the distanceof one hundred (100) miles from the place of trial or hearing;
(2) That the witness by reason of death, age, sickness,bodily infirmity, imprisonment, military necessity, non-amendability toprocess, or other reasonable cause, is unable or refuses to appear and testifyin person at the place of trial or hearing; or
(3) That the present whereabouts of the witness is unknown.
§ 30-13-52 Depositions. – (a) At any time after charges have been signed, as provided in § 30-13-32,any party may take oral or written depositions unless an authority competent toconvene a court-martial for the trial of those charges forbids it for goodcause. If a deposition is to be taken before charges are referred for trial,the authority may designate commissioned officers to represent the prosecutionand the defense and may authorize those officers to take the deposition of anywitness.
(b) The party at whose instance a deposition is to be takenshall give to every other party reasonable written notice of the time and placefor taking the deposition.
(c) Depositions may be taken before and authenticated by anymilitary or civil officer authorized by the laws of the state or by the laws ofthe place where the deposition is taken to administer oaths.
(d) A duly authenticated deposition taken upon reasonablenotice to the other parties, so far as otherwise admissible under the rules ofevidence, may be read in evidence before any court-martial or in any proceedingbefore a court of inquiry, if it appears:
(1) That the witness resides or is beyond the state in whichthe court-martial or court of inquiry is ordered to sit, or beyond the distanceof one hundred (100) miles from the place of trial or hearing;
(2) That the witness by reason of death, age, sickness,bodily infirmity, imprisonment, military necessity, non-amendability toprocess, or other reasonable cause, is unable or refuses to appear and testifyin person at the place of trial or hearing; or
(3) That the present whereabouts of the witness is unknown.
§ 30-13-52 Depositions. – (a) At any time after charges have been signed, as provided in § 30-13-32,any party may take oral or written depositions unless an authority competent toconvene a court-martial for the trial of those charges forbids it for goodcause. If a deposition is to be taken before charges are referred for trial,the authority may designate commissioned officers to represent the prosecutionand the defense and may authorize those officers to take the deposition of anywitness.
(b) The party at whose instance a deposition is to be takenshall give to every other party reasonable written notice of the time and placefor taking the deposition.
(c) Depositions may be taken before and authenticated by anymilitary or civil officer authorized by the laws of the state or by the laws ofthe place where the deposition is taken to administer oaths.
(d) A duly authenticated deposition taken upon reasonablenotice to the other parties, so far as otherwise admissible under the rules ofevidence, may be read in evidence before any court-martial or in any proceedingbefore a court of inquiry, if it appears:
(1) That the witness resides or is beyond the state in whichthe court-martial or court of inquiry is ordered to sit, or beyond the distanceof one hundred (100) miles from the place of trial or hearing;
(2) That the witness by reason of death, age, sickness,bodily infirmity, imprisonment, military necessity, non-amendability toprocess, or other reasonable cause, is unable or refuses to appear and testifyin person at the place of trial or hearing; or
(3) That the present whereabouts of the witness is unknown.
