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Section/Rule:
25.13
Subject:
Rule 25 - Rules of Criminal Procedure - Misdemeanors or Felonies - Disclosure and Depositions
Publication / Adopted Date:
June 13, 1979
Topic:
Misdemeanors or Felonies - Deposition Offered by Defendant - When Admissible
Revised / Effective Date:
July 1, 2018
25.13. Misdemeanors or Felonies - Deposition Offered by Defendant - When Admissible
At the trial or upon any hearing, any deposition obtained in accordance with
Rules 25.12
,
25.14
and
25.15
, so far as it is otherwise admissible under the rules of evidence, may be used by defendant if it appears that
:
(a)
The witness
:
(
1
) Is dead
;
(
2
) Is out of the state, unless it appears that the absence of the witness was procured by defendant
;
(
3
) Is unable to attend or testify because of sickness or infirmity
;
(
4
) Is a judge of a court of record or a practicing attorney or physician, and engaged in the discharge of an official or professional duty at the time of trial
;
(
5
) Has invoked a testimonial privilege or other refusal to testify not produced by the action of defendant
;
or
(
6
) Is otherwise unavailable and
defendant has made a good faith effort to obtain the presence of the witness at the hearing or trial, but has been unable to procure the attendance of the witness.
The facts that would authorize the use of any deposition may be established by the testimony of the deposing witness or by the certificate of the officer before whom the deposition is taken.
Committee Note - 1979
This is the same as prior Rule 25.42.
(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Dec. 23, 2003, eff. July 1, 2004; Dec. 19, 2017, eff. July 1, 2018.)
