IN THE SUPREME COURT OF THE STATE OF ALASKA

                         ORDER NO. 1239

                                   Amending Criminal Rule 15
                                   concerning depositions.

IT IS ORDERED:

     1.   Paragraph (a) of Criminal Rule 15 is amended to read as
follows:

               (a)  When Taken.  The deposition of a
          prospective witness may be taken by either
          party, upon notice as provided in (b) of this
          rule and upon motion filed with the court if
          the court finds by clear and convincing
          evidence that (1) the witness will not be
          present to testify at trial; or (2) due to
          exceptional circumstances, the deposition is
          necessary to prevent a failure of justice. Any
          designated book, paper, document, record,
          recording, or other material not privileged
          may be subpoenaed at the same time and place
          of the taking of the deposition. If a witness
          is committed for failure to give bail or
          appear to testify at a trial or hearing, the
          court on written motion of the witness and
          upon notice to the parties may direct that the
          witness' deposition be taken. After the
          deposition has been subscribed the court may
          discharge the witness. In considering a
          request for the taking of depositions, the
          court shall grant such motion only if the
          taking of such deposition will not cause
          unreasonable delay in the trial of the action
          and shall apply a presumption against granting
          a deposition under (a)(2) of this rule if, in
          regard to that action, the witness has
          testified before the grand jury or in a prior
          court proceeding, or has given a recorded
          statement to a law enforcement agency and the
          moving party had the opportunity to obtain
          such a recorded statement.

     2.   Paragraph (c) of Criminal Rule 15 is amended to read as
follows:

               (c)  How Taken.  The court shall preside
          over a deposition it orders under (a) of this
          rule.  The deposition shall be conducted in a
          closed proceeding and recorded in the same
          manner as other closed court proceedings. 
          This rule does not preclude a party from also
          recording the deposition by other means
          approved by the court.  In no event shall a
          deposition be taken of a party defendant
          without that defendant's consent. 

     3.   Sections 1 and 2 of this order are adopted for the sole
reason that the legislature has mandated the amendments.

     4.   The following note is added at the end of Criminal Rule
15:

          Note to SCO 1239:  Criminal Rule 15(a) and (c)
          were amended by ch. 12 SLA 1995.  Sections 1
          and 2 of this order are adopted for the sole
          reason that the legislature has mandated the
          amendments.


DATED:     May 2, 1996   

EFFECTIVE DATE:    July 15, 1996   


                                   _______________________________
                                   Chief Justice Compton


                                   _______________________________
                                   Justice Rabinowitz


                                   _______________________________
                                   Justice Matthews


                                   _______________________________
                                   Justice Eastaugh
     

                                   _______________________________
                                   Justice Fabe