A deposition in a case at law, taken on such notice under the three preceding sections, may be read in such case, if when it is offered, the deponent be dead, or out of this state, or one of its judges, or in any public office or service the duties of which prevent his attending the court, or be unable to attend it from sickness or other infirmity, or be out of the county in which the case is pending, or, because of lapse of time or mental infirmity, be unable to remember any material part of what he had deposed to. But when the only ground of reading a deposition is that the deponent is out of the county, on motion to the court, before the commencement of the trial, the court may, for good cause shown, require such deponent to attend in person.
Structure West Virginia Code
Chapter 57. Evidence and Witnesses
Article 4. Depositions and Perpetuation of Testimony
§57-4-1. Taking and Certification of Depositions -- Generally
§57-4-2. Taking and Certification of Depositions -- Out-of State and in Foreign Countries
§57-4-3. Notice of Taking of Depositions; When Deposition May Be Read in Equity
§57-4-5. When Deposition May Be Read by Adverse Party
§57-4-6. Taking Deposition After Judgment, Decree or Order; Reading Thereof in Future Trial