Rule 15. Depositions

(a) When taken. Whenever due to exceptional circumstances of the case it is in the interest of

justice that the testimony of a prospective witness of a party be taken and preserved for use at

trial, the Court may upon motion of such party and notice to the parties order that testimony

of such witness be taken by deposition and that any designated book, paper, document,

record, recording or other material, not privileged, be produced at the same time and place. If

a witness is committed for failure to give bail to appear to testify at a trial or hearing, the

Court on written motion of the witness and upon notice to the parties may direct that the

witness’ deposition be taken. After the deposition has been subscribed the Court may

discharge the witness.

(b) Notice of taking. The party at whose instance a deposition is to be taken shall give to every

party reasonable written notice of the time and place for taking the deposition. The notice

shall state the name and address of each person to be examined. On motion of a party upon

whom the notice is served, the Court for cause shown may extend or shorten the time or

change the place of taking the deposition. The officer having custody of a person charged

shall be notified of the time and place set for the examination and shall, unless the person

charged waives in writing the right to be present, produce the person charged at the

examination and keep the person charged in the presence of the witness during the

examination, unless the person charged, after being warned by the Court that disruptive

conduct will cause the person charged to be removed from the place of the taking of the

deposition, persists in conduct which is such as to justify the person charged being excluded

from that place

e the person charged at the

examination and keep the person charged in the presence of the witness during the

examination, unless the person charged, after being warned by the Court that disruptive

conduct will cause the person charged to be removed from the place of the taking of the

deposition, persists in conduct which is such as to justify the person charged being excluded

from that place. A person charged not in custody shall have the right to be present at the

examination upon request subject to such terms as may be fixed by the Court, but failure of

the person charged, absent good cause shown, to appear after notice and tender of expenses

in accordance with paragraph (c) of this Rule shall constitute a waiver of that right and of any

objection to the taking and use of the deposition based upon that right.

(c) Payment of expenses. Whenever a deposition is taken at the instance of the State, or whenever

a deposition is taken at the instance of a person charged who is unable to bear the expense of

the taking of the deposition, the Court may direct that the expenses of travel and subsistence

of the person charged and counsel for attendance at the examination and the cost of the

transcript of the deposition shall be paid by the State or the county.

(d) How taken. Subject to such additional conditions as the Court shall provide, a deposition

shall be taken and filed in the manner provided in civil actions except as otherwise provided

in these Rules, and said deposition shall be filed with the Clerk of the Court provided that (1)

in no event shall a deposition be taken of a person charged without consent, and (2) the scope

and manner of examination and cross-examination shall be such as would be allowed in the

trial itself

osition

shall be taken and filed in the manner provided in civil actions except as otherwise provided

in these Rules, and said deposition shall be filed with the Clerk of the Court provided that (1)

in no event shall a deposition be taken of a person charged without consent, and (2) the scope

and manner of examination and cross-examination shall be such as would be allowed in the

trial itself. The State shall make available to the person charged or that person’s counsel for

examination and use at the taking of the deposition any statement of the witness being

deposed which is in the possession of the State and to which the person charged would be

entitled at the trial.

(e) Use. At the trial or upon any hearing, a part or all of the deposition, so far as otherwise

admissible under the rules of evidence, may be used as substantive evidence if the witness is

unavailable or gives testimony at the trial or hearing inconsistent with a prior deposition.

“Unavailability as a witness” includes situations in which the declarant:

(1) is exempted by ruling of the Court on the ground of privilege from testifying concerning

the subject matter of the deposition; or

(2) persists in refusing to testify concerning the subject matter of the deposition despite an

order of the Court to do so; or

(3) testifies to a lack of memory of the subject matter of the deposition; or

(4) is unable to be present or to testify at the hearing because of death or then existing

physical or mental illness or infirmity; or

g concerning

the subject matter of the deposition; or

(2) persists in refusing to testify concerning the subject matter of the deposition despite an

order of the Court to do so; or

(3) testifies to a lack of memory of the subject matter of the deposition; or

(4) is unable to be present or to testify at the hearing because of death or then existing

physical or mental illness or infirmity; or

(5) is absent from the hearing and the proponent of the deposition has been unable to procure

declarant’s attendance.

A declarant is not unavailable as a witness if the exemption, refusal, claim of lack of memory,

inability, or absence is due to the procurement or wrongdoing of the proponent of declarant’s

statement for the purpose of preventing the witness from attending or testifying. Any

deposition may also be used by any party for the purpose of contradicting or impeaching the

testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by

a party, an adverse party may require an offer of all of it which is relevant to the part offered

and any party may offer other parts.

(f) Objections to deposition testimony. Objections to deposition testimony or evidence or parts

thereof and the grounds for the objection shall be stated at the time of the taking of the

deposition.

(g) Deposition by agreement not precluded. Nothing in this Rule shall preclude the taking of a

deposition, orally or upon written questions, or the use of the deposition, by agreement of the

parties with the consent of the Court.