Rule 25.16 - Misdemeanors or Felonies-Deposition Offered by State-when AdmissibleAt the trial or upon any hearing, any deposition obtained in accordance with Rules 25.12, 25.14 or 25.15, so far as it is otherwise admissible under the rules of evidence, may be used by the state if:
(a) Defendant: (1) Was personally present at the deposition and had the right of confrontation and cross-examination at the deposition, or(2) Personally waived that right to be present and the right of confrontation in writing or in open court, or(3) Failed to attend the deposition after the court ordered defendant to do so; and(b) The witness is unavailable in that the witness: (2) Is unable to attend or testify because of sickness or infirmity,(3) Has invoked a testimonial privilege or other refusal to testify not produced by the action of the state, or(4) Is otherwise unavailable and the state 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 25.45.