Rule 25.13 - Misdemeanors or Felonies-Deposition Offered by Defendant-when AdmissibleAt the trial or upon any hearing, any deposition obtained in accordance with Rules 25.12, 25.14 and 25.15, so far as it is otherwise admissible under the rules of evidence, may be used by defendant if it appears that:
(a) the witness: (2) Is out of the state, unless it appears that the absence of the witness was procured by defendant,(3) Is unable to attend or testify because of sickness or infirmity,(4) Is a judge of a court of record or a practicing attorney or physician, and engaged in the discharge of an official or professional duty at the time of trial,(5) Has invoked a testimonial privilege or other refusal to testify not produced by the action of the defendant, or(6) Is otherwise unavailable and defendant has made a good faith effort to obtain the presence of the witness at the hearing or trial, but has been unable to procure the attendance of the witness.Adopted June 13, 1979, eff. 1/1/1980. Amended December 23, 2003, eff. 7/1/2004. Amended December 19, 2017, eff. 7/1/2018.Committee Note-1979
This is the same as prior Rule 25.42.