Deposition

(a)Oral or written deposition, may be taken by any party, at any time, after charges have been signed in accordance with § 63719 of this Code, unless prohibited by a military judge or a court-martial without a military judge hearing the case, or, if the case is not being heard, an authority competent to convene a courtmartial for the trial of those charges, if such prohibition is based on 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 Guam or by the laws of the place where the deposition is taken to administer oaths.

(d)Any 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 audio tape, videotape, or similar material, may be played in evidence before any military court or commission in any case, or in any proceeding before a court of inquiry or military board, if it appears:

(1)that the witness is beyond the boundaries of Guam or the State, Territory, Commonwealth of the United States, or District of Columbia in which the court, commission, or board is ordered to sit, or beyond one hundred

(100)miles from the place of trial or hearing; or

(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

(3)that the present whereabouts of the witness is unknown.