WHAT IS THE REMEDY OF A PARTY IN CASE OF AN UNAVAILABILITY OF A WITNESS?
The party can avail of the modes of discovery, particularly deposition—in the manner of questions and answers to be answered by the witness
The examination shall be CONDITIONAL
WHO WILL CONDUCT THE DEPOSITION?
It depends if it’s a witness for the prosecution or defense
If the witness is for the defense, the deposition can by done by the judge, if impracticable, by a member of the bar in good standing designated, or by an inferior court
If the witness is for the prosecution, the deposition can only be done by the judge