(a)(1) Any deposition may be usedby any party for the purpose of contradicting or impeaching the testimony of adeponent as a witness or for any other purpose permitted by the
(a)(2) The deposition of a partyor of anyone who at the time of taking the deposition was an officer, director,or managing agent, or a person designated under Rule
(a)(3) The deposition of awitness, whether or not a party, may be used by any party for any purpose ifthe court finds:
(a)(3)(A) that the witness isdead; or
(a)(3)(B) that the witness is ata greater distance than 100 miles from the place of trial or hearing, or is outof the United States, unless it appears that the absence of the witness wasprocured by the party offering the deposition; or
(a)(3)(C) that the witness isunable to attend or testify because of age, illness, infirmity, orimprisonment; or
(a)(3)(D) that the party offeringthe deposition has been unable to procure the attendance of the witness bysubpoena; or
(a)(3)(E) upon application andnotice, that such exceptional circumstances exist as to make it desirable, inthe interest of justice and with due regard to the importance of presenting thetestimony of witnesses orally in open court, to allow the deposition to beused.
(a)(4) If only part of adeposition is offered in evidence by a party, an adverse party may require himto introduce any other part which ought in fairness to be considered with thepart introduced, and any party may introduce any other parts.
Substitution of parties pursuantto Rule
(c)(1)As to notice. All errors and irregularities inthe notice for taking a deposition are waived unless written objection ispromptly served upon the party giving the notice.
(c)(2)As to disqualification of officer. Objection to taking adeposition because of disqualification of the officer before whom it is to betaken is waived unless made before the taking of the deposition begins or assoon thereafter as the disqualification becomes known or could be discoveredwith reasonable diligence.
(c)(3)As to taking of deposition.
(c)(3)(A) Objections to thecompetency of a witness or to the competency, relevancy, or materiality oftestimony are not waived by failure to make them before or during the taking ofthe deposition, unless the ground of the objection is one which might have beenobviated or removed if presented at that time.
(c)(3)(B) Errors andirregularities occurring at the oral examination in the manner of taking thedeposition, in the form of the questions or answers, in the oath oraffirmation, or in the conduct of parties, and errors of any kind which mightbe obviated, removed, or cured if promptly presented are waived unlessseasonable objection thereto is made at the taking of the deposition.
(c)(3)(C) Objections to the formof written questions submitted under Rule
(e) Except as otherwise directed by the court, a party offeringdeposition testimony pursuant to this rule may offer it in stenographic or nonstenographicform, but, if in nonstenographic form, the party shall also provide the courtwith a transcript of the portions so offered.