2006 New York Code - Depositions.

 
    § 130.49. Depositions.  (a) At any time after charges have been signed
  as  provided  in  section  130.30,  any  party  may take oral or written
  depositions  unless  the  military  judge  or  court-martial  without  a
  military  judge  hearing the case or, if the case is not being heard, an
  authority competent to convene a court-martial for  the  trial  of  such
  charges forbids it for good cause. If a deposition is to be taken before
  charges are referred for trial, such an authority may designate officers
  to  represent  the  prosecution  and  the defense and may authorize such
  officers to take the deposition of any witness.
    (b) 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.
    (c) 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.
    (d) 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  or  in  any
  proceeding before a court of inquiry, if it appears
    (1)  that  the  witness  resides  or  is beyond the state in which the
  court-martial or court of inquiry is  ordered  to  sit,  or  beyond  the
  distance of one hundred miles from the place of trial or hearing; or
    (2)  that  the  witness  by  reason  of  death,  age, sickness, bodily
  infirmity, imprisonment, military necessity, non-amenability to process,
  or other reasonable cause, is unable or refuses to appear and testify in
  person at the place of trial or hearing; or
    (3) that the present whereabouts of the witness is unknown.