(A) BY COURT ORDER.
(1) At any time after the institution of a criminal proceedings, upon motion of any party, and after notice and hearing, the court may order the taking and preserving of the testimony of any witness who may be unavailable for trial or for any other proceeding, or when due to exceptional circumstances, it is in the interests of justice that the witness’ testimony be preserved.(2) The court shall state on the record the grounds on which the order is based.(3) The court’s order shall specify the time and place for the taking of the testimony, the manner in which the testimony shall be recorded and preserved, and the procedures for custody of the recorded testimony.(4) The testimony shall be taken in the presence of the court, the attorney for the Commonwealth, the defendant(s) , and defense counsel, unless otherwise ordered.(5) The preserved testimony shall not be filed of record until it is offered into evidence at trial or other judicial proceeding.(B) BY AGREEMENT OF THE PARTIES.
(1) At any time after the institution of a criminal proceeding, the testimony of any witness may be taken and preserved upon the express written agreement of the attorney for the Commonwealth, the defendant(s) , and defense counsel.(2) The agreement shall specify the time and place for taking the testimony, the manner in which the testimony shall be recorded and preserved, and the procedures for custody of the recorded testimony.(3) The testimony shall be taken in the presence of the attorney for the Commonwealth, the defendant(s) , and defense counsel, unless they otherwise agree.(4) The agreement shall be filed of record.(5) The preserved testimony shall not be filed of record until it is offered into evidence at trial or other judicial proceeding.
