1. (1) After the commencement of any proceeding in which a motion to waive has been filed, a party may move the court for an order allowing the taking of a deposition to perpetuate the testimony of a witness who is:

   1. (a) Outside of the jurisdiction of, or otherwise not subject to the process of, the court; or
   2. (b) Unable to attend because of age, sickness, infirmity, imprisonment or undue hardship.

2. (2) The affidavit in support of the motion to take a deposition to perpetuate testimony, in addition to setting forth the reasons described in subsection (1)(a) and (b) of this section, shall also set forth:

   1. (a) The reasons why the testimony of the witness sought to be deposed cannot be taken by telephone at the time of the hearing;
   2. (b) Where the deposition is to be taken;
   3. (c) The manner of recording the deposition; and
   4. (d) A brief statement of the substance of the testimony that the witness is expected to give.
3. (3) If the court finds that taking a deposition will best promote the just, speedy and inexpensive resolution of one or more issues in the proceeding or that taking a deposition is necessary to meet the requirements of due process, the court shall grant the motion.
4. (4) If the motion is granted, the court may, in its discretion, set conditions regarding the time, place and method of taking the deposition.
5. (5) All objections to any testimony or evidence taken at the deposition shall be made at the time and noted upon the record. The court before which the testimony is offered shall rule on any objections before the testimony is offered. Any objection not made at the deposition is waived.

[1993 c.546 §81]