§ 23-39. Habeas Corpus--Depositions

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§ 23-39. Habeas Corpus--Depositions

(a)Upon leave of the judicial authority, the testimony of any person may be taken by deposition if the testimony will be required at an evidentiary hearing and it appears:

(1) the testimony may not be available at the required evidentiary hearing because of physical or mental illness or infirmity of the witness; or

(2) the witness resides out of this state and cannot be compelled to attend and give testimony; or

(3) the witness may otherwise be unavailable to testify at the required evidentiary hearing.

(b)The admissibility of deposition testimony shall be governed by the rules of evidence.