§ 16-44-202 - Deposing witnesses upon showing of inability to attend trial -- Use of depositions. - Arkansas Statutes

16-44-202. Deposing witnesses upon showing of inability to attend trial -- Use of depositions.

(a) If it appears that a prospective witness may be unable to attend or be prevented from attending a trial or hearing, that his or her testimony is material, and that it is necessary to take his or her deposition in order to prevent a failure of justice, the court at any time after the filing of an indictment or information may order, upon motion of either party and notice to the parties, that his or her testimony be taken by deposition and that any designated books, papers, documents, or tangible objects not privileged be produced at the same time and place. If a witness is committed for failure to give bail to appear to testify at a trial or hearing, the court on written motion of the witness and upon notice to the parties may direct that his or her deposition be taken. After the deposition has been subscribed, the court may discharge the witness.

(b) If a defendant is without counsel, the court shall advise him or her of the right provided for in subsection (a) of this section and assign counsel to represent him or her unless the defendant elects to proceed without counsel or is able to obtain counsel. If it appears that a defendant at whose instance a deposition is to be taken cannot bear the expense thereof, the court may direct that the expenses of travel and subsistence of the defendant's attorney for attendance at the examination shall be paid by the state.

(c) A deposition shall be taken in the manner provided in civil actions. The court at the request of either party may direct that a deposition be taken on written interrogatories in the manner provided in civil actions.

(d) At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears:

(1) That the witness is dead;

(2) That the witness is out of the State of Arkansas unless it appears that the absence of the witness was procured by the party offering the deposition;

(3) That the witness is unable to attend or testify because of sickness or infirmity; or

(4) That the party offering the deposition has been unable to procure the attendance of the witness by subpoena. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require him or her to offer all of it which is relevant to the part offered and any party may offer other parts.

(e) Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions.

(f) This section shall be applicable to city, district, and circuit courts of this state.