Alaska R. Crim. P. 15

(a) When Taken. The deposition of a prospective

witness may be taken by either party, upon notice as provided

in (b) of this rule and upon motion filed with the court if the

court finds by clear and convincing evidence that (1) the

witness will not be present to testify at trial; or (2) due to

exceptional circumstances, the deposition is necessary to

prevent a failure of justice. Any designated book, paper,

document, record, recording, or other material not privileged

may be subpoenaed at the same time and place of the taking of

the deposition. If a witness is committed for failure to give bail

or appear to testify at a trial or hearing, the court on written

motion of the witness and upon notice to the parties may direct

that the witness’ deposition be taken. After the deposition has

been subscribed the court may discharge the witness. In

considering a request for the taking of depositions, the court

shall grant such motion only if the taking of such deposition

will not cause unreasonable delay in the trial of the action and

shall apply a presumption against granting a deposition under

(a)(2) of this rule if, in regard to that action, the witness has

testified before the grand jury or in a prior court proceeding, or

has given a recorded statement to a law enforcement agency

and the moving party had the opportunity to obtain such a

recorded statement.

(b) Notice of Taking. 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. The notice shall state the name and address of each

person to be examined. On motion of a party upon whom the

notice is served, the court for cause shown may extend or

shorten the time.

(c) How Taken. The court shall preside over a

deposition it orders under (a) of this rule. The deposition shall

be conducted in a closed proceeding and recorded in the same

manner as other closed court proceedings. This rule does not

preclude a party from also recording the deposition by other

means approved by the court. In no event shall a deposition be

taken of a party defendant without that defendant’s consent.

(d) Use. At the trial or upon any hearing, a part or all of a

deposition, so far as otherwise admissible under the rules of

evidence, may be used by stipulation of the parties or if the

witness is unavailable, as defined in section (e) of this rule, or

if the witness gives testimony at the trial or hearing

inconsistent with the witness’ deposition. If only a part of a

deposition is offered in evidence by a party, an adverse party

may require the offering of all of it which is relevant to the part

offered and any party may offer other parts.

(e) Unavailability. A witness is “unavailable” when the

witness is:

(1) Exempted by ruling of the judge on the ground of

privilege from testifying concerning the subject matter of the

witness’ statement; or

(2) Persistent in refusing to testify despite an order of the

judge to do so; or

(3) Unable to be present or testify at the hearing because

of death or then existing physical or mental illness or infirmity;

or

(4) Absent from the hearing and beyond the jurisdiction

of the court to compel appearance and the proponent of the

witness’ statement has exercised reasonable diligence but has

been unable to procure the witness’ attendance.

(f) Objections to Admissibility. Objections to receiving

in evidence a deposition or part thereof, may be made as

provided in civil actions.

(g) Deposition by Agreement Not Precluded. Nothing

in this rule shall preclude the taking of a deposition, orally or

upon written questions, or the use of a deposition, by

agreement of the parties with the consent of the court.

(h) Joint Defendants. Where persons are jointly tried,

the court for good cause shown may refuse to permit the use at

the trial of a deposition taken at the instance of a defendant

over the objection of any other defendant.