2005 Idaho Code - 46-1138 — DEPOSITIONS

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 11
                           CODE OF MILITARY JUSTICE
    46-1138.  DEPOSITIONS. Depositions may be taken in accordance with the
procedures set forth in the manual for courts-martial and this section.
    (1) At any time after charges have been signed, as provided in section
46-1118, Idaho Code, any party may take oral or written depositions unless the
military judge or, if a military judge has not yet been appointed, the
convening authority forbids it for good cause. If a deposition is to be taken
before charges are referred for trial, the convening authority shall designate
trial and defense counsel for the purpose of taking the deposition of any
witness.
    (2)  The party at whose instance a deposition is to be taken shall give to
every other party reasonable written notice of the time and place for taking
the deposition.
    (3)  Depositions shall be taken before 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 or by federal law to administer oaths.
    (4)  A duly authenticated deposition taken upon reasonable notice to the
other parties, so far as otherwise admissible under the rules of evidence, may
be read into evidence before any court-martial, if it appears:
    (a)  That the witness resides or is beyond the state in which the
    court-martial is ordered to sit, or beyond the distance of one hundred
    (100) miles from the place of trial or hearing.
    (b)  That the witness, by reason of death, age, sickness, bodily
    infirmity, imprisonment, military necessity, nonamenability to process, or
    other reasonable cause, is unable or refuses to appear and testify in
    person at the place of trial or hearing; or
    (c)  That the present whereabouts of the witness is unknown.