—Definition of Unavailable

(a) ‘‘Unavailable’’ as used in Section 40-46 includes situations in which the deponent: (1) Is exempted by a ruling of the judicial author- ity on the ground of privilege from testifying con- cerning the subject matter of his or her deposition; (2) Persists in refusing to testify concerning the subject matter of his or her deposition despite an order of the judicial authority to do so; (3) Testifies to a lack of memory of the subject matter of his or her deposition; (4) Is unable to be present or to testify at a trial or hearing because of his or her death or physical or mental illness or infirmity; or (5) Is absent from the trial or hearing and the proponent of his or her deposition has been unable to procure his or her attendance by subpoena or by other reasonable means. 410 © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN CRIMINAL MATTERS