Rule 23-39. Depositions in Habeas Corpus

(a) Upon leave of the judicial authority, the testimony of any person may be taken by deposition if the testimony will be required at an evidentiary hearing and it appears:

(1) the testimony may not be available at the required evidentiary hearing because of physical or mental illness or infirmity of the witness; or

(2) the witness resides out of this state and cannot be compelled to attend and give testimony; or

(3) the witness may otherwise be unavailable to testify at the required evidentiary hearing.

(b) The admissibility of deposition testimony shall be governed by the rules of evidence.

Committee Notes

(P.B. 1978-1997, Sec. 529R.)