The attorney general or a county attorney conducting the prosecution in a criminal case may take the deposition of any witness the prosecution intends to call at the trial, if it is determined by a justice of the superior court that:
I. The defendant in the case in which the deposition is sought has been arrested or bound over to the grand jury or has been indicted, and
II. There is reason to believe the life or safety of the witness is endangered because of his willingness or ability to testify, and the testimony expected from the witness is material to the prosecution of the case.
Source. 1971, 209:1. 1975, 270:1, eff. Aug. 5, 1975.