There is a newer version of the Idaho Code and Statutes
2023
2022
2021
2020
2019
Other previous versions
View our newest version here

2012 Idaho Statutes
Title 46 - MILITIA AND MILITARY AFFAIRS
Chapter 11 - CODE OF MILITARY JUSTICE
Section 46-1138 - DEPOSITIONS.


ID Code § 46-1138 (2012) What's This?

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.


History:

[(46-1138), added 1975, ch. 147, sec. 4, p. 339; am. 1984, ch. 92, sec. 37, p. 211; am. & redesig. 1998, ch. 176, sec. 37, p. 646.]

Disclaimer: These codes may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.