5714 - Depositions.

     § 5714.  Depositions.        (a)  General rule.--At any time after charges have been     signed, as provided in section 5601 (relating to charges and     specifications) 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     those charges forbids it for good cause. If a deposition is to     be taken before charges are referred for trial, such an     authority may designate commissioned officers to represent the     prosecution and the defense and may authorize those officers to     take the deposition of any witness.        (b)  Notice of taking deposition.--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)  Persons authorized to take depositions.--Depositions may     be taken before and authenticated by any military or civil     officer authorized by the laws of this Commonwealth or by the     laws of the place where the deposition is taken to administer     oaths.        (d)  Admissibility in evidence.--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 in evidence before any military court 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 is ordered to sit, or beyond the distance of        one hundred miles from the place of trial or hearing;            (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.