Maryland Code, PUBLIC SAFETY 13A-714
Terms Used In Maryland Code, PUBLIC SAFETY 13A-714
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Military court: means :
(1) a court-martial; or
(2) a court of inquiry. See - Military judge: means an official of a general or special court-martial detailed in accordance with § 13A-505 of this title. See
- Officer: means a commissioned or warrant officer. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Testify: Answer questions in court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The party at whose insistence a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(c) Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the State or by the laws of the place where the deposition is taken to administer oaths.
(d) A duly authenticated deposition taken on reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, digital image or file, or similar material, may be played in evidence before any military court, if it appears:
(1) that the witness resides or is beyond the State in which the court is ordered to sit, or beyond 100 miles from the place of trial or hearing;
(2) that the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or
(3) that the present whereabouts of the witness are unknown.
(e) (1) 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 § 13A-506 of this title.
(2) The accused shall have the right to be represented by civilian or military counsel in the same manner as such counsel are provided for in § 13A-703 of this subtitle.
(f) 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 this title.