Presence of Defendant

(a) Any officer having custody of a defendant shall be notified of the time and place set for the examination and shall, unless the defendant waives in writing the right to be present, produce him at the examination and keep him in the presence of the witness during the examination. (b) A defendant not in custody shall have the right to be present at the examination, but his failure, absent good cause shown, to appear after notice and tender of expenses in accordance with § 70.60 shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right. NOTE: Section 70.55 continues the substance of former § 1340. The defendant is, of course, entitled to be represented by counsel at the deposition taking but this matter is now covered generally by § 1.11 (defendant's right to counsel). Compare former § 1340 and former Rule 15(c).