Oklahoma § 44-849 - Depositions
Full text of Oklahoma Oklahoma Statutes § 44-849 — Depositions, with citation guidance and answers to common questions.
§ 44-849. Depositions
ARTICLE 49. Depositions.
Oklahoma Statutes - Title 44. Militia
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 courtmartial 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.
Added by Laws 2019, c. 408, § 56, eff. Oct. 1, 2019.
Frequently Asked Questions About Oklahoma § 44-849
What does Oklahoma Statutes § 44-849 cover?
Section 44-849 ("Depositions") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 44-849?
A common citation format is "Oklahoma Statutes § 44-849" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 44-849 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.