ARTICLE 49. Depositions.

A. In general.

1. Subject to paragraph 2 of this subsection, a convening authority or a military judge may order depositions at the request of any party.

2. A deposition may be ordered under paragraph 1 of this subsection only if the requesting party demonstrates that, due to exceptional circumstances, it is in the interest of justice that the testimony of a prospective witness be preserved for use at a court-martial or court of inquiry.

3. A party who requests a deposition under this section shall give to every other party reasonable written notice of the time and place for the deposition.

4. A deposition under this section shall be taken before, and authenticated by, an impartial officer, as follows:

a.whenever practicable, by an impartial judge advocate certified under subsection B of Section 827 of this title (Article 27, subsection B), and

b.in exceptional circumstances, by an impartial military or civil officer authorized to administer oaths by:

(1)the laws of the United States, or

(2)the laws of the place where the deposition is taken.

B. Representation by counsel. Representation of the parties with respect to a deposition shall be by counsel detailed in the same manner as trial counsel and defense counsel are detailed under Section 827 of this title (Article 27). In addition, the accused shall have the right to be represented by civilian or military counsel in the same manner as such counsel is provided for in subsection B of Section 838 of this title (Article 38, subsection B).

C. Admissibility and use as evidence. A deposition order under subsection A of this section does not control the admissibility of the deposition in a court-martial or other proceeding under the Oklahoma Uniform Code of Military Justice. A party may use all or part of a deposition as provided by the federal Military Rules of Evidence.

Added by Laws 2019, c. 408, § 56, eff. Oct. 1, 2019.