Rule 326 - Depositions to Preserve Testimony(a) After jurisdiction has been obtained over the defendant or over the property which is the subject of the action, a deposition by written interrogatories of a witness, including a party, may be ordered taken by the court upon motion pursuant to Rule 307 but only upon a showing (1) that the witness is or will be absent from the state at the time of trial or is or will be more than one hundred miles from the place of trial at the time of trial; or (2) that the witness will be unable to attend or testify because of age, sickness, infirmity, or imprisonment. (b) If the court shall order such a deposition to be taken it shall be done in accordance with, and thereafter subject to, the provisions of Rule 331. Upon entry of such order, the deposition may be taken by oral examination upon agreement of the parties. (c) The court, in lieu of a deposition to preserve testimony, may, where circumstances warrant, allow the witness to testify at the trial by telephone. Entire rule amended July 22, 1993, effective 1/1/1994. ANNOTATION Law reviews. For article, "Limited Discovery in Colorado's County Courts", see 18 Colo. Law. 1959 (1989).