3.03.030 Reported Testimony

At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a transcript or deposition from a prior proceeding may be used against any party who was present or represented at the taking of such prior testimony, or who had due notice thereof, in accordance with any of the following provisions:

(a) The party, against whom the reported testimony is presently offered, was a party to the former proceedings and was afforded an opportunity to cross- examine the witness in that proceeding, and the issue upon which the reported testimony is presently offered is related to the same subject matter as that in the prior case.

(b) Any transcript or deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the declarant as a witness.

(c) The transcript or deposition of a party or of anyone who at the time of taking such testimony was an officer, director, managing agent, or partner of a public or private corporation, partnership, or association which is a party, may be used by an adverse party for any purpose.

(d) The transcript or deposition of a witness whether or not a party, may be used by any party for any purpose if the Court finds:

(1) That the witness is dead;

(2) That the witness is not on the reservation, unless it appears that the absence of the witness was procured by the party offering the evidence;

(3) The witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment;

(4) That the party offering the evidence has been unable to procure the attendance of the witness by subpoena; or

(5) Upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.

(6) Any party to the action or proceeding may introduce any part of any transcript or deposition or file therein, at any time, if such part is competent, relevant, and material.

(7) Substitution of parties does not affect the right to use depositions previously taken.

(8) When an action has been dismissed and another action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefore.