                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                   CHAPTER 223--WITNESSES AND EVIDENCE
 
Sec. 3503. Depositions to preserve testimony

    (a) Whenever due to exceptional circumstances it is in the interest 
of justice that the testimony of a prospective witness of a party be 
taken and preserved, the court at any time after the filing of an 
indictment or information may upon motion of such party and notice to 
the parties order that the testimony of such witness be taken by 
deposition and that any designated book, paper, document, record, 
recording, or other material not privileged be produced at the same time 
and place. If a witness is committed for failure to give bail to appear 
to testify at a trial or hearing, the court on written motion of the 
witness and upon notice to the parties may direct that his deposition be 
taken. After the deposition has been subscribed the court may discharge 
the witness. A motion by the Government to obtain an order under this 
section shall contain certification by the Attorney General or his 
designee that the legal proceeding is against a person who is believed 
to have participated in an organized criminal activity.
    (b) The party at whose instance a deposition is to be taken shall 
give to every party reasonable written notice of the time and place for 
taking the deposition. The notice shall state the name and address of 
each person to be examined. On motion of a party upon whom the notice is 
served, the court for cause shown may extend or shorten the time or 
change the place for taking the deposition. The officer having custody 
of a defendant shall be notified of the time and place set for the 
examination, and shall produce him at the examination and keep him in 
the presence of the witness during the examination. A defendant not in 
custody shall have the right to be present at the examination, but his 
failure, absent good cause shown, to appear after notice and tender of 
expenses shall constitute a waiver of that right and of any objection to 
the taking and use of the deposition based upon that right.
    (c) If a defendant is without counsel, the court shall advise him of 
his rights and assign counsel to represent him unless the defendant 
elects to proceed without counsel or is able to obtain counsel of his 
own choice. Whenever a deposition is taken at the instance of the 
Government, or whenever a deposition is taken at the instance of a 
defendant who appears to be unable to bear the expense of the taking of 
the deposition, the court may direct that the expenses of travel and 
subsistence of the defendant and his attorney for attendance at the 
examination shall be paid by the Government. In such event the marshal 
shall make payment accordingly.
    (d) A deposition shall be taken and filed in the manner provided in 
civil actions, provided that (1) in no event shall a deposition be taken 
of a party defendant without his consent, and (2) the scope of 
examination and cross-examination shall be such as would be allowed in 
the trial itself. On request or waiver by the defendant the court may 
direct that a deposition be taken on written interrogatories in the 
manner provided in civil actions. Such request shall constitute a waiver 
of any objection to the taking and use of the deposition based upon its 
being so taken.
    (e) The Government shall make available to the defendant for his 
examination and use at the taking of the deposition any statement of the 
witness being deposed which is in the possession of the Government and 
which the Government would be required to make available to the 
defendant if the witness were testifying at the trial.
    (f) At the trial or upon any hearing, a part or all of a deposition, 
so far as otherwise admissible under the rules of evidence, may be used 
if it appears: That the witness is dead; or that the witness is out of 
the United States, unless it appears that the absence of the witness was 
procured by the party offering the deposition; or that the witness is 
unable to attend or testify because of sickness or infirmity; or that 
the witness refuses in the trial or hearing to testify concerning the 
subject of the deposition or part offered; or that the party offering 
the deposition has been unable to procure the attendance of the witness 
by subpena. Any deposition may also be used by any party for the purpose 
of contradicting or impeaching the testimony of the deponent as a 
witness. If only a part of a deposition is offered in evidence by a 
party, an adverse party may require him to offer all of it which is 
relevant to the part offered and any party may offer other parts.
    (g) Objections to receiving in evidence a deposition or part thereof 
may be made as provided in civil actions.

(Added Pub. L. 91-452, title VI, Sec. 601(a), Oct. 15, 1970, 84 Stat. 
934.)
