48-2714. (KCMJ Art. 49) Depositions. - Kansas Statutes

48-2714

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 27.--CODE OF MILITARY JUSTICE; TRIAL PROCEDURE

      48-2714.   (KCMJ Art. 49) Depositions.(a) At any time after charges have been signed, as provided in K.S.A.48-2601 and amendments thereto, any party may take oral or writtendepositions unless the militaryjudge or an authority competent to convene a court-martial for the trial ofthose charges forbids it for good cause. If a deposition is to be takenbefore charges are referred for trial, such an authority shall designatelawyers to represent the prosecution and the defense and may authorizethose officers to take the deposition of any witness.

      (b)   The party at whose instance a deposition is to be taken shall giveto every other party reasonable written notice of the time and place fortaking the deposition.

      (c)   Depositions may be taken before and authenticated by any military orcivil officer authorized by the laws of the state or by the laws of theplace where the deposition is taken to administer oaths.

      (d)   A duly authenticated deposition taken upon reasonable notice to theother parties, so far as otherwise admissible under the rules of evidence,may be read in evidence or, in the case of audio tapes, video tapes orsimilar materials, may be played in evidence before any court-martial orin any proceedingbefore a court of inquiry, if it appears that:

      (1)   The witness resides or is beyond the state in which the court,commission or board is ordered to sit, or beyond 100 miles from the placeof trial or hearing;

      (2)   the witness by reason of death, age, sickness, bodily infirmity,imprisonment, military necessity, nonamenability to process or otherreasonable cause is unable or refuses to appear and testify in person atthe place of trial or hearing; or

      (3)   the present whereabouts of the witness is unknown.

      History:   L. 1972, ch. 203, § 48-2714;L. 1988, ch. 191, § 32; July 1.