Statutes | Ely Shoshone Tribe of Nevada IV Chapter 174 ยง 174.228 | 2019
A court may allow a videotaped deposition to be used instead of the deponent&rsquos testimony at trial only if:
1. In the case of a victim of sexual abuse, as that term is defined in SECTION 432B.100:
(a) Before the deposition is taken, a hearing is held by a tribal judge who finds that:
(1) The use of the videotaped deposition in lieu of testimony at trial is necessary to protect the welfare of the victim and
(2) The presence of the accused at trial would inflict trauma, more than minimal in degree, upon the victim and
(b) At the time a party seeks to use the deposition, the court determines that the conditions set forth in subparagraphs (1) and (2) of paragraph (a) continue to exist. The court may hold a hearing before the use of the deposition to make its determination.
2. In all cases:
(a) A tribal judge presides over the taking of the deposition
(b) The accused is able to hear and see the proceedings
(c) The accused is represented by counsel who, if physically separated from the accused, is able to communicate orally with him by electronic means
(d) The accused is given an adequate opportunity to cross-examine the deponent subject to the protection of the deponent deemed necessary by the court and
(e) The deponent testifies under oath.