Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule lets a party take a witness's deposition in a habeas corpus case, with the court's permission, when the witness is ill, out of state, or otherwise likely to be unavailable for the evidentiary hearing.
(a)Upon leave of the judicial authority, the testimony 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 testimony; 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.
Amendment History
(P.B. 1978-1997, Sec. 529R.)
Plain-English Summary
Depositions are not routine in habeas corpus cases — a party needs leave of the judicial authority before taking one. The rule permits a deposition when the witness's testimony will be needed at an evidentiary hearing and it appears the witness may not be available to give it in person, whether because of physical or mental illness, residence out of state beyond the court's power to compel attendance, or some other reason the witness might be unavailable.
Once a deposition is taken under this rule, whether it can come into evidence still depends on the ordinary rules of evidence, not on the fact that it was properly taken.
Frequently Asked Questions
Can a party take a deposition in a Connecticut habeas corpus case without asking the court?
No. A deposition requires leave of the judicial authority, and the party must show the witness may not be available for the evidentiary hearing.
What reasons justify a deposition under this rule?
Physical or mental illness or infirmity of the witness, the witness residing out of state and being beyond compulsory process, or other circumstances that may make the witness unavailable to testify.
Is a deposition automatically admissible at the habeas hearing?
No. Admissibility of the deposition testimony is governed by the ordinary rules of evidence.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-39). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as:depositions in habeas corpus Connecticutwitness unavailable habeas depositionleave to depose witness habeas CTout of state witness habeas depositiondeposition admissibility habeas hearing