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 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 detained

pursuant to statute or rule the court on written motion and upon notice to the

parties may direct that the witness’s deposition be taken. After the deposition

has been subscribed, the court may discharge the witness.

(b) Notice, place and process. —

(1) 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 for taking the deposition. The officer having custody of a

defendant shall be notified of the time and place set for the examination and

shall, unless the defendant waives in writing the right to be present, produce

the defendant at the examination and keep the defendant in the presence of

the witness during the examination, unless, after being warned by the court

that disruptive conduct will cause the defendant’s removal from the place of

the taking of the deposition, the defendant persists in conduct which is such

as to justify exclusion from that place. A defendant 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 a failure, absent good cause shown,

to appear after notice and tender of expenses in accordance with subdivision

l from the place of

the taking of the deposition, the defendant persists in conduct which is such

as to justify exclusion from that place. A defendant 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 a failure, absent good cause shown,

to appear after notice and tender of expenses in accordance with subdivision

(c) shall constitute a waiver of that right and of any objection to the taking

and use of the deposition based upon that right.

(2) Subpoena. — An order to take a deposition authorizes the clerk of

court to issue subpoenas for the persons named or described therein.

(3) Place. — The witness whose deposition is to be taken may be required

by subpoena to attend at any place designated by the trial court, taking into

account the convenience of the witness and the parties.

(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 defendant

who is indigent, the court may direct that the expense of travel and subsistence

of the defendant and the defendant’s attorney for attendance at the examination, and the cost of the transcript of the deposition, be paid by the public

defender’s office.

(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, provided that:

(1) In no event shall a deposition be taken of a party defendant without

that defendant’s 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 defendant or the defendant’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 defendant would be entitled

at the trial.

nsent; 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 defendant or the defendant’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 defendant would be entitled

at the trial.

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

far as otherwise admissible under the rules of evidence, may be used as

substantive evidence if the witness is unavailable, as unavailability is defined

in Rule 804(a), W.R.E, or the witness gives testimony at the trial or hearing

inconsistent with that witness’s deposition. 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 the offering of all of it which is relevant to

the part offered and any party may offer other parts.

(f) Objections to 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. — Nothing in this rule shall preclude the

taking of a deposition, orally or upon written questions, or the use of a

deposition, by agreement of the parties with the consent of the court.