—Depositions in Habeas Corpus

(a) Upon leave of the judicial authority, the testi- mony of any person may be taken by deposition if the testimony will be required at an evidentiary hearing and it appears: (1) the testimony may not be available at the required evidentiary hearing because of physical or mental illness or infirmity of the witness; or (2) the witness resides out of this state and cannot be compelled to attend and give testi- mony; or (3) the witness may otherwise be unavailable to testify at the required evidentiary hearing. (b) The admissibility of deposition testimony shall be governed by the rules of evidence. (P.B. 1978-1997, Sec. 529R.)