10 U.S.C. § 849 — Art. 49. Depositions

(a)(1) A convening authority or military judge may order a deposition at a party’s request, subject to paragraph (2). (2) The requesting party must show that exceptional circumstances make preserving a prospective witness’s testimony for a court-martial, military commission, court of inquiry, or other military court or board an interest of justice. (3) The requesting party must give every other party reasonable written notice of the time and place. (4) An impartial officer must take and authenticate the deposition. Whenever practical, that officer must be an impartial judge advocate certified under article 27(b). In exceptional circumstances, it may be an impartial military or civil officer authorized to administer oaths by United States law or the law where the deposition occurs. (b) Counsel must represent the parties as trial and defense counsel are assigned under article 27. The accused also has the right to civilian or military counsel as provided under article 38(b). (c) An order for a deposition does not decide whether the deposition is admissible in a court-martial or other proceeding under this chapter. Except as subsection (d) provides, a party may use all or part of it as the evidence rules allow. (d) In a capital case, only the defense may present deposition testimony.