1. (a) At any time after charges have been referred to trial by court-martial any party may take oral or written depositions unless the convening authority forbids it for good cause.
2. (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.
3. (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.
4. (d) A duly authenticated deposition taken upon reasonable notice to the other parties, 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:
5. (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;
6. (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
7. (3) that the present whereabouts of the witness is unknown.

Laws 1963, SB 277, c. 148, § 714, emerg. eff. June 6, 1963.