517:13 Discovery Depositions in Criminal Cases. –
I. Except as otherwise provided in this section or by order of the court, depositions shall be taken in the manner provided in civil actions.
II. The court in its discretion may permit either party to take the deposition of any witness, except the defendant, in any criminal case, upon a finding by a preponderance of the evidence that such deposition is necessary:
(a) To preserve the testimony of any witness who is unlikely to be available for trial due to illness, absence from the jurisdiction or reluctance to cooperate; or
(b) To ensure a fair trial, avoid surprise or for other good cause shown. In determining the necessity, the court shall consider the complexity of the issues involved, other opportunities or information available to discover the information sought by the deposition, and any other special or exceptional circumstances which may exist.
III. In any felony case either party may take a discovery deposition of any expert witness who may be called by the other party to testify at trial.
IV. Nothing in this section shall be construed as limiting discovery depositions by agreement between the parties.
V. Notwithstanding this section, no party in a criminal case shall take the discovery deposition of a victim or witness who has not achieved the age of 16 years at the time of the deposition.