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Rule32. Use of depositions in court proceedings.

(a)Use of depositions. At the trial or upon the hearingof a motion or an interlocutory proceeding, any part or all of a deposition, sofar as admissible under the rules of evidence applied as though the witnesswere then present and testifying, may be used against any party who was presentor represented at the taking of the deposition or who had reasonable noticethereof, in accordance with any of the following provisions:

(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 Utah Rules of Evidence.

(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 30(b)(6) or 31(a) to testify on behalf of apublic or private corporation, partnership or association or governmentalagency which is a party may be used by an adverse party for any purpose.

(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 25 does not affect the right touse depositions previously taken; and when an action has been brought in anycourt of the United States or of any state and another action involving thesame subject matter is afterward brought between the same parties or theirrepresentatives or successors in interest, all depositions lawfully taken andduly filed in the former action may be used in the latter as if originallytaken therefor. A deposition previously taken may also be used as permitted by theUtah Rules of Evidence.

(b)Objections to admissibility. Subject to the provisions ofRule28(b) and Subdivision (c)(3) ofthis rule, objection may be made at the trial or hearing to receiving inevidence any deposition or part thereof for any reason which would require theexclusion of the evidence if the witness were then present and testifying.

(c)Effect of errors and irregularities.

(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 31 are waived unless served inwriting upon the party propounding them within the time allowed for serving thesucceeding cross or other questions and within 5 days after service of the lastquestions authorized.

(c)(4)As to completion and return of deposition.Errors and irregularities in the manner in which the testimony is transcribedor the deposition is prepared, signed, certified, sealed, endorsed,transmitted, filed, or otherwise dealt with by the officer under Rules 30 and 31 are waived unless a motion tosuppress the deposition or some part thereof is made with reasonable promptnessafter such defect is, or with due diligence might have been, ascertained.

(d)Publication of deposition. Use of a deposition underSubsection (a) of this rule shall have the effect of publishing the depositionunless the court orders otherwise in response to objections.

(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.

Advisory Committee Notes