Title 24, Chapter 10, Section 135
( 24-10-135)
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 the witness is unavailable. 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 the offering of all of it which is relevant to the part
offered and any party may offer other parts. A witness is not
unavailable if the exemption, refusal to testify, claim of lack of
memory, inability, or absence of such witness is due to the
procurement or wrongdoing of the party offering the deposition at
the hearing or trial for the purpose of preventing the witness from
attending or testifying. |