§57-4-4. Circumstances under which deposition may be read in case
at law; attendance of deponent out of county may be
A deposition in a case at law, taken on such notice under the
three preceding sections, may be read in such case, if when it is
offered, the deponent be dead, or out of this state, or one of its
judges, or in any public office or service the duties of which
prevent his attending the court, or be unable to attend it from
sickness or other infirmity, or be out of the county in which the
case is pending, or, because of lapse of time or mental infirmity,
be unable to remember any material part of what he had deposed to.
But when the only ground of reading a deposition is that the
deponent is out of the county, on motion to the court, before the
commencement of the trial, the court may, for good cause shown,
require such deponent to attend in person.
Note: WV Code updated with legislation passed through the 2012 1st Special Session