N.Y. Military Law § 130.49: Depositions

§ 130.49. Depositions. (a) At any time after charges have been signed

as provided in section 130.30, 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 such

charges forbids it for good cause. If a deposition is to be taken before

charges are referred for trial, such an authority may designate officers

to represent the prosecution and the defense and may authorize such

officers to take the deposition of any witness.

(b) 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) Depositions may be taken before and authenticated by any military

or civil officer authorized by the laws of the state or by the laws of

the place where the deposition is taken to administer oaths.

(d) A duly authenticated deposition taken upon reasonable notice to

the other party, so far as otherwise admissible under the rules of

evidence may be read in evidence before any court-martial 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-martial or court of inquiry is ordered to sit, or beyond the

distance of one hundred miles from the place of trial or hearing; or

(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.