§149. Article 49. Depositions

            A.(1) A convening authority or a military judge may order depositions at the request of any party. A deposition may be ordered only if the requesting party demonstrates that, due to exceptional circumstances, it is in the best interest of justice that the testimony of a prospective witness be preserved for use at a court-martial, court of inquiry, or other military court or board.

            (2) A party who requests a deposition under this Article shall give to every other party reasonable notice of the time and place for the deposition. A deposition under this Article shall be taken before, and authenticated by, an impartial officer, as follows:

            (a) Whenever practicable, by an impartial judge advocate certified under Article 27(B) of this Code.

            (b) In exceptional circumstances, by an impartial military or civil officer authorized to administer oaths by the laws of the United States or the state of Louisiana.

            B. 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 Article 27 of this Code. In addition, the accused shall have the right to be represented by civilian or military counsel in the same manner as such counsel are provided for in Article 38(B) of this Code.

            C. A deposition order under Subsection A of this Article does not control the admissibility of the deposition in the court-martial or other proceeding under this Code.

            Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.