The testimony of expert witnesses and of witnesses that will not be available on the day of the trial shall be taken with the court’s consent in both civil and criminal cases. In criminal cases, the court shall make sure that the defendant freely waived his right to cross-examine the witness on the day of the trial. The taking of the testimony shall follow the procedure of the taking of depositions in civil cases, as provided by Rule 4.
History —Dec. 30, 1981, eff. Jan. 1, 1982.