35.245 Depositions.
(1)
(2)
(3)
(4)
At any time after charges have been signed as provided in KRS 35.150, any party
may take depositions. If a deposition is to be taken before charges are referred for
trial, the trial authority may designate officers to represent the prosecution and the
defense and may authorize such officers to take the depositions of any witness.
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.
Depositions may 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 to administer oaths.
A duly authenticated deposition taken upon reasonable notice to the other party, so
far as otherwise admissible under the rules of evidence, may be read in evidence
before any court-martial, military commission or in any proceeding before a court of
inquiry, if it appears:
(a) That the witness resides or is beyond the state in which the court-martial,
military commission or court of inquiry 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: Amended 1970 Ky. Acts ch. 56, sec. 35. -- Created 1954 Ky. Acts ch. 99,
sec. 48, effective July 1, 1954.
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