(1) At any time after the arraignment, the Court may, upon motion of a party and notice to the parties, order a deposition and the Court may also require that any nonprivileged papers, designated books, documents, or tangible objects be produced at the same time and place of the deposition. The Court may order a deposition when:

A witness is not unavailable under subsection (1)(A) of this section unless the party seeking the deposition has made a good faith effort to obtain the witness’s presence at trial. The party seeking the deposition shall prove they made a good faith effort to obtain the presence of a witness by presenting evidence of their effort.

The Court may decide to allow the admissibility of a deposition to preserve testimony.

(2) When a deposition is granted, the Court shall determine the time and place of the deposition. The defendant shall be present at the time and place set forth for examination unless in writing they waive the right to be present. The defendant’s attorney may cross-examine the witness at the time of taking the deposition or may examine the witness if he is called by the defendant.

(3) The deposition must be taken by tape recorder, as is used in the Court for reporting purposes. Objections to testimony must be made at the time of the deposition and the judge shall rule on the objection at the earliest convenient time. Cross-examination must be allowed the same as would be allowed at the trial itself. Depositions of a defendant shall not be taken without their written consent.

(4) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as witness, for the purpose of discovery, or as substantive evidence under circumstances permitted by this code, the Court, and the Federal Rules of Evidence.