00CS FOR HOUSE BILL NO. 26(JUD)                                                                                           
01 "An Act amending Rule 15, Alaska Rules of Criminal Procedure, relating to                                               
02 depositions."                                                                                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  Rule 15(a), Alaska Rules of Criminal Procedure, is amended to read:                                    
05  (a)  When Taken.  The deposition of a prospective witness may be taken by                                            
06 either party, upon notice as provided in (b) of this rule and upon motion filed                                         
07 with the court if the court finds by clear and convincing evidence that (1) the                                         
08 witness will not be present to testify at trial; or (2) due to exceptional                                              
09 circumstances, the deposition is necessary to prevent a failure of justice.  [UPON                                     
10 ORDER OF THE COURT FOR GOOD CAUSE SHOWN, THE TESTIMONY OF A                                                             
11 PROSPECTIVE WITNESS MAY BE TAKEN BY EITHER PARTY FOR                                                                    
12 DISCOVERY UPON NOTICE AND AFTER THE DEPOSING PARTY HAS                                                                  
13 DISCLOSED ALL STATEMENTS, EXHIBITS, AND WITNESS LISTS REQUIRED                                                          
14 BY RULE 16.]  Any designated book, paper, document, record, recording, or other                                         

01 material not privileged may be subpoenaed at the same time and place of the taking                                      
02 of the deposition.  If a witness is committed for failure to give bail or appear to testify                             
03 at a trial or hearing, the court on written motion of the witness and upon notice to the                                
04 parties may direct that the witness' deposition be taken.  After the deposition has been                                
05 subscribed the court may discharge the witness.  In considering a request for the taking                                
06 of depositions, the court shall grant such motion only if the taking of such deposition                                 
07 will not cause unreasonable delay in the trial of the action and shall apply a                                         
08 presumption against granting a deposition under (a)(2) of this rule if, in regard                                       
09 to that action, the witness has testified before the grand jury or in a prior court                                     
10 proceeding, or has given a recorded statement to a law enforcement agency and                                           
11 the moving party had the opportunity to obtain such a recorded statement.                                              
12    * Sec. 2.  Rule 15(c), Alaska Rules of Criminal Procedure, is amended to read:                                       
13  (c)  How Taken.  The court shall preside over a deposition it orders under                                           
14 (a) of this rule.  The deposition shall be conducted in a closed proceeding and                                         
15 recorded in the same manner as other closed court proceedings.  This rule does                                          
16 not preclude a party from also recording the deposition by other means approved                                         
17 by the court.  [SUBJECT TO SUCH ADDITIONAL CONDITIONS AS THE COURT                                                     
18 SHALL PROVIDE AND EXCEPT AS OTHERWISE PROVIDED IN THESE RULES                                                           
19 A DEPOSITION SHALL BE TAKEN AND FILED IN THE MANNER PROVIDED                                                            
20 IN CIVIL RULES 26, 28, 29, 30, 31 AND 32.]  In no event shall a deposition be                                           
21 taken of a party defendant without that defendant's consent.