Rule 158. Defense by deposition; judgment

(a) Deposition in certain cases. In all traffic cases, except those involving accidents resulting in personal injury, operation of a motor vehicle while under the influence of intoxicating liquor or a narcotic or habit-producing drug or permitting another person who is under such influence to operate a motor vehicle owned by the defendant or in his custody or control, reckless driving, or leaving the scene of an accident, the court may permit the defendant to present his defense by deposition where:

(1) The court determines that it would be an undue hardship on the defendant to require him to appear in person at the time and place set for trial; and

(2) The defendant, having been fully informed of his right to a reasonable postponement of the trial, waives in writing his right to be present at the trial. Such deposition may also present matter in mitigation of the offense charged.

(b) Taking of depositions. Depositions offered pursuant to this rule shall be taken in the manner provided by law. They shall be sworn to before any judge of a court of record of this territory or of the state or territory wherein the defendant is resident. The judge taking the deposition shall forward it to the trial court at the expense of the defendant.

(c) Mailing copy of judgment. Where a defendant presents his defense by deposition, the court shall mail him a copy of the judgment in the case.--Amended Oct. 14, 1994, eff. Nov. 16, 1994.

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