(1) At any time after charges have been signed as provided in section 28-3.1-214, any party may take oral or written depositions, unless an authority competent to convene a court-martial for the trial of those charges forbids such depositions for good cause. If a deposition is to be taken before charges are referred for trial, such authority shall designate lawyers to represent the prosecution and the defense.
The party at whose instance a deposition is to be taken shall give to every other partyreasonable written notice of the time and place for taking the deposition.
Depositions shall be taken and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.
An authenticated deposition taken upon reasonable notice to the other parties, if otherwise admissible under the rules of evidence, may be used in evidence before any courtmartial or in any proceeding before a court of inquiry.
Source: L. 83: Entire article added, p. 1178, § 1, effective June 10.