(1) If it appears that a prospective witness may be unable to attend or is or may be prevented from attending a trial or hearing or is or may become a nonresident of the Commonwealth, that the witness's testimony is material and that it is necessary to take the witness's deposition in order to prevent a failure of justice, in any pending proceeding the court may upon motion and notice to the parties order that the witness's testimony be taken by deposition and that any designated books, papers, documents or tangible objects, not privileged, be produced at the same time and place.

(2) If a witness is committed for failure to give bail pursuant to Rule 7.06, the court on written motion of the witness and upon notice to the parties may direct that the witness's deposition be taken. After the deposition has been taken the court shall discharge the witness.

(3) Nothing in this Rule 7.10 precludes the taking of a deposition, orally or upon written questions, or the use of a deposition, by agreement of the parties.