(a) At any time after charges have been signed as provided in Section 31-2A-30 (Article 30), any party may take oral or written depositions unless the military judge or summary court-martial officer hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause.
(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 parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, digital image or file, or similar material, may be played in evidence before any military court, if any one of the following occurs:
(1) The witness resides or is beyond the state in which the court is ordered to sit, or beyond 100 miles from the place of trial or hearing.
(2) The witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing.
(3) The present location of the witness is unknown.
Structure Code of Alabama
Title 31 - Military Affairs and Civil Defense.
Chapter 2A - Military Justice.
Section 31-2A-36 - (Article 36.) Governor or the Adjutant General May Prescribe Rules
Section 31-2A-37 - (Article 37.) Unlawfully Influencing Action of Court.
Section 31-2A-38 - (Article 38.) Duties of Trial Counsel and Defense Counsel.
Section 31-2A-39 - (Article 39.) Sessions.
Section 31-2A-40 - (Article 40.) Continuances.
Section 31-2A-41 - (Article 41.) Challenges.
Section 31-2A-42 - (Article 42.) Oaths or Affirmations.
Section 31-2A-43 - (Article 43.) Statute of Limitations.
Section 31-2A-44 - (Article 44.) Former Jeopardy.
Section 31-2A-45 - (Article 45.) Pleas of the Accused.
Section 31-2A-46 - (Article 46.) Opportunity to Obtain Witnesses and Other Evidence; Subpoena.
Section 31-2A-47 - (Article 47.) Refusal to Appear or Testify.
Section 31-2A-48 - (Article 48.) Contempt.
Section 31-2A-49 - (Article 49.) Depositions.
Section 31-2A-50 - (Article 50.) Admissibility of Records of Courts of Inquiry.
Section 31-2A-50a - (Article 50a.) Defense of Lack of Mental Responsibility.
Section 31-2A-51 - (Article 51.) Voting and Rulings.
Section 31-2A-52 - (Article 52.) Number of Votes Required.