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Section 13-31.—Use of Depositions in Court Proceedings

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceThis section spells out when and how deposition testimony can be used at trial or in a hearing, including special rules for physicians and other licensed professionals, and how errors or objections to a deposition are preserved or waived.

Full Text of Section 13-31

Text sizeJump to: (a) (b) (c) (d)

(a) Use of Depositions in Proceedings in this State. At the trial of a civil action, probate proceeding or administrative appeal, or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence applied as though the witness were there present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions:
(1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness.
(2) The deposition of any physician, psychologist, chiropractor, natureopathic physician, osteopathic physician or dentist licensed under the provisions of the General Statutes may be received in evidence in lieu of the appearance of such witness at the trial or hearing whether or not the person is available to testify in person at the trial or hearing.
(3) The deposition of a party or of anyone who at the time of the taking of the deposition was an officer, director, or managing agent or employee or a person designated under Section 13-27 (h) to testify on behalf of a public or private corporation, partnership or association or governmental agency which is a party may be used by an adverse party for any purpose.
(4) The deposition of a witness other than a person falling within the scope of subdivision (2) hereof, whether or not a party, may be used by any party for any purpose if the judicial authority finds: (A) that the witness is dead; (B) that the witness is at a greater distance than thirty miles from the place of trial or hearing, or is out of the state and will not return before the termination of the trial or hearing, unless it appears that the absence of the witness was procured by the party offering the deposition; (C) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; (D) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; (E) that the parties have agreed that the deposition may be so used; (F) upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
(5) If only part of a deposition is offered in evidence by a party, an adverse party may require the party to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other parts.
(6) Substitution of parties does not affect the right to use depositions previously taken; and when an action in any court of the United States or of any state has been dismissed and another action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor.
(b) Use of Depositions in Proceedings Outside this State. Depositions of witnesses living in this state may be taken before any of the individuals listed in Section 13-28 (a) to be used as evidence in a civil action, probate proceeding or administrative appeal pending in any court of the United States or of any other state of the United States or of any foreign country, on application of any party to such civil action, probate proceeding, or administrative appeal.
(c) Objections to Admissibility. Subject to the provisions of subsection (d) of this section, objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying.
(d) Effect of Errors and Irregularities in Depositions.
(1) As to notice: All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice.
(2) As to disqualification of officer: Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.
(3) As to taking of deposition: (A) Objections to the competency of a witness or to the competency, relevancy or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time. (B) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition.
(4) As to completion and return of deposition: Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, endorsed, transmitted, filed or otherwise dealt with by the officer are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.
End

Amendment History

(P.B. 1978-1997, Sec. 248; amended June 12, 2025, to take effect Jan. 1, 2026.) HISTORY—2026: Prior to 2026, the title of subsection (a) read: ‘‘Use of Depositions.’’ Additionally, what is now subsection (b) was added, what had been subsections (b) and (c) were redesignated as subsections (c) and (d), respectively, and in what is now subsection (c), the reference to what is now subsection (d) was updated.

Rules Committee Commentary

COMMENTARY—2026: The changes to this section have been made in response to the adoption of the Interstate Depositions and Discovery Act, now codified at General Statutes § 52-655 et seq. The change to subsection (a) makes it clear that the subsection refers to the use of depositions in in-state proceedings. Subsection (b), which is a slight modification of former Section 13-28 (g) (1), applies to depositions taken in this state for out-of-state proceedings.

Plain-English Summary

Section 13-31 covers use of depositions in Connecticut proceedings. At trial, a probate proceeding, an administrative appeal, or a hearing on a motion or interlocutory matter, a deposition (to the extent it would be admissible under the rules of evidence) may be used against a party who was present, represented, or had reasonable notice of the deposition. Any deposition may be used to contradict or impeach a witness. A deposition of a physician, psychologist, chiropractor, naturopathic physician, osteopathic physician, or dentist may be received in place of live testimony whether or not that witness is available to testify in person. The deposition of a party, or of an officer, director, managing agent, or employee testifying on behalf of a corporate or governmental party, may be used by an adverse party for any purpose. The deposition of any other witness may be used for any purpose if the court finds the witness is dead, more than thirty miles from the trial or out of state and not returning in time, unable to attend due to age, illness, infirmity, or imprisonment, unable to be subpoenaed by the offering party, or if the parties agreed to such use, or exceptional circumstances make it desirable in the interest of justice. If only part of a deposition is offered, an adverse party may require the introduction of any other part that fairness requires, and depositions taken in a dismissed action may be used in a later action between the same parties on the same subject matter.

Depositions of Connecticut residents may also be taken for use in out-of-state or federal proceedings. Objections to admitting a deposition at trial may generally be raised at the trial or hearing, but the section also sets waiver rules for specific defects: objections to notice errors are waived unless promptly raised in writing; objections to the officer’s disqualification are waived unless raised before or as soon as the disqualification is discovered; objections to witness competency or testimony relevance are not waived by silence during the deposition unless the defect could have been fixed at the time; other errors in how the deposition was taken are waived unless raised at the deposition itself; and errors in how the transcript was prepared, signed, certified, or filed are waived unless a motion to suppress is made promptly after the defect is or should have been discovered.

Frequently Asked Questions

When can a deposition be used at trial in Connecticut?

It may be used against a party who was present, represented, or had reasonable notice of the deposition, to the extent it would be admissible if the witness were testifying live, and it can always be used to contradict or impeach a witness.

Can a doctor’s deposition replace live testimony?

Yes. The deposition of a physician, psychologist, chiropractor, naturopathic physician, osteopathic physician, or dentist may be used in place of that witness’s live appearance whether or not the witness is available to testify in person.

When can a witness’s deposition be used even though the witness is not a party?

The court must find the witness is dead, more than thirty miles from trial or out of state and not returning in time, unable to attend due to age, illness, infirmity, or imprisonment, that the offering party could not procure attendance by subpoena, that the parties agreed to the use, or that exceptional circumstances make use desirable in the interest of justice.

Do you waive an objection to a deposition by not raising it during the deposition?

It depends on the type of defect: objections to notice, the officer’s disqualification, and errors that could have been fixed at the time must be raised promptly or during the deposition, while objections to a witness’s competency or testimony’s relevance are not waived by silence unless the defect could have been corrected then.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 13-31). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
Also known as: using deposition testimony at trial CTdeposition as evidence Connecticutphysician deposition in lieu of testimonywaiver of deposition objectionsmotion to suppress deposition CTunavailable witness deposition use