Okla. Stat. tit. 44, § 44-849

ARTICLE 49. Depositions.

Oklahoma Statutes - Title 44. Militia Page 108

A. In general.

1. Subject to paragraph 2 of this subsection, a convening

authority or a military judge may order depositions at the request

of any party.

2. A deposition may be ordered under paragraph 1 of this

subsection only if the requesting party demonstrates that, due to

exceptional circumstances, it is in the interest of justice that the

testimony of a prospective witness be preserved for use at a court-

martial or court of inquiry.

3. A party who requests a deposition under this section shall

give to every other party reasonable written notice of the time and

place for the deposition.

4. A deposition under this section shall be taken before, and

authenticated by, an impartial officer, as follows:

a. whenever practicable, by an impartial judge advocate

certified under subsection B of Section 827 of this

title (Article 27, subsection B), and

b. in exceptional circumstances, by an impartial military

or civil officer authorized to administer oaths by:

(1) the laws of the United States, or

(2) the laws of the place where the deposition is

taken.

B. Representation by counsel. 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

Section 827 of this title (Article 27). In addition, the accused

shall have the right to be represented by civilian or military

counsel in the same manner as such counsel is provided for in

subsection B of Section 838 of this title (Article 38, subsection

B).

C. Admissibility and use as evidence. A deposition order under

subsection A of this section does not control the admissibility of

the deposition in a court-martial or other proceeding under the

Oklahoma Uniform Code of Military Justice. A party may use all or

part of a deposition as provided by the federal Military Rules of

Evidence.