§ 130.49 — Depositions

New York § 130.49

• Jurisdiction: New York
• Law MIL: Military
• Part 7: Trial Procedure
• Art. 7: Code of Military Justice

Text

§ 130.49. Depositions. (a) At any time after charges have been signed\nas provided in section 130.30, any party may take oral or written\ndepositions unless the military judge or court-martial without a\nmilitary judge hearing the case or, if the case is not being heard, an\nauthority competent to convene a court-martial for the trial of such\ncharges forbids it for good cause. If a deposition is to be taken before\ncharges are referred for trial, such an authority may designate officers\nto represent the prosecution and the defense and may authorize such\nofficers to take the deposition of any witness.\n (b) The party at whose instance a deposition is to be taken shall give\nto every other party reasonable written notice of the time and place for\ntaking the deposition.\n (c) Depositions may be taken before and authenticated by any military\nor civil officer authorized by the laws of the state or by the laws of\nthe place where the deposition is taken to administer oaths.\n (d) A duly authenticated deposition taken upon reasonable notice to\nthe other party, so far as otherwise admissible under the rules of\nevidence may be read in evidence before any court-martial or in any\nproceeding before a court of inquiry, if it appears\n (1) that the witness resides or is beyond the state in which the\ncourt-martial or court of inquiry is ordered to sit, or beyond the\ndistance of one hundred miles from the place of trial or hearing; or\n (2) that the witness by reason of death, age, sickness, bodily\ninfirmity, imprisonment, military necessity, non-amenability to process,\nor other reasonable cause, is unable or refuses to appear and testify in\nperson at the place of trial or hearing; or\n (3) that the present whereabouts of the witness is unknown.\n