(a)When Taken. If it appears that a prospective witness may be unable to attend or prevented from attending a trial or hearing, that the prospective witness' testimony is material, and that it is necessary to take the witness' deposition in order to prevent a failure of justice, the court at any time after the filing of an indictment, information, or complaint may upon motion of a defendant or the State and notice to the parties, order that the prospective witness' testimony be taken by deposition and that any designated books, papers, documents, or tangible objects, not privileged, be produced at the same time and place. If a witness is committed for failure to give bail to 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.(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)Defendant's Attorney and Payment of Expenses. If a defendant is without an attorney, the court shall advise the defendant of the defendant's right to an attorney and assign an attorney to represent the defendant unless the defendant elects to proceed without an attorney or is able to obtain an attorney. If it appears that a defendant at whose instance a deposition is to be taken cannot bear the expense thereof, the court may direct that the expenses of travel and subsistence of the defendant's attorney for attendance at the examination shall be paid by the State. If a deposition is taken at the instance of the prosecution or of a witness who has been committed for failure to give bail, the defendant's attorney and a defendant not in custody shall be paid by the State their expenses for travel and subsistence for attendance at the examination. If a deposition is to be taken at the instance of any party or of a witness committed for failure to give bail, a defendant who is in custody shall be permitted to attend the taking of the deposition at the expense of the State.(d)How Taken. A deposition shall be taken in the manner provided in civil actions. The court at the request of a defendant may direct that a deposition be taken on written interrogatories in the manner provided in civil actions.(e)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 if it appears that the witness is unavailable as defined in Rhode Island Rule of Evidence 804(a). Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require the party to offer all of it which is relevant to the part offered and any party may offer other parts.(f)Objections to Admissibility. Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions.R.I. Super. Ct. R. Crim. P. 15
As amended by the court on 7/1/2002; last amended by Order dated June 22, 2017, effective 9/5/2017.2002 Committee Notes
The amendment expands slightly the instances in which a deposition may be used by referring to the definition of unavailability in Rhode Island Rule of Evidence 804(a), which has been adopted since Rule 15 was originally drafted. In addition to the inability of the witness to testify due to death or sickness, and situations where the witness is out of state or the party offering the deposition has been unable to procure the attendance of the witness by subpoena, Evidence Rule 804(a) includes, within the definition of unavailability, situations where the witness invokes a privilege not to testify, refuses to testify even though ordered to do so, or testifies that he cannot remember the subject matter of the deposition. It is desirable to keep the definition of unavailability consistent, and use of the definition within Evidence Rule 804(a) appropriately broadens instances where a deposition may be used.