Rule 32.Use of depositions in court proceedings

Part V: Depositions and Discovery · Last amended January 1, 1995 · Last verified July 28, 2026

In one sentenceRule 32 governs when a deposition can be used at trial or a hearing -- always to impeach a witness, always against a party or its designated representative, and against any witness when the court finds the person dead, absent from Delaware, unavailable because of age or illness, or beyond the reach of a subpoena.

Full Text of Rule 32

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

(a) Use of depositions. At the trial or upon 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 then 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 a deponent as a witness, or for other purposes permitted by the Delaware Uniform Rules of Evidence.

(2) The deposition of a party or 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 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.

(3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the Court finds: (A) That the witness is dead; or (B) that the witness is out of the State of Delaware, unless it appears that the absence of the witness was procured by the party offering the deposition; or (C) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or (D) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (E) 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. A deposition taken without leave of court pursuant to a notice under Rule 30(b)(2) shall not be used against a party who demonstrates that, when served with the notice, it was unable through the exercise of diligence to obtain counsel to represent it at the taking of the deposition; nor shall a deposition be used against a party who, having received less than 11 days notice of a deposition, has promptly upon receiving such notice filed a motion for a protective order under Rule 26(c)(2) requesting that the deposition not be held or be held at a different time or place and such motion is pending at the time the deposition is held.

(4) If only part of a deposition is offered in evidence by a party, an adverse party may require the offeror to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other parts. Substitution of parties pursuant to Rule 25 does not affect the right to use depositions previously taken; and, when an action has been brought in any court of the United States or of any state 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. A deposition previously taken may also be used as permitted by the Delaware Uniform Rules of Evidence.

(b) Objections to admissibility. Subject to the provisions of Rule 28(b) and paragraph (d)(3) of this Rule, 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, 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.

(C) Objections to the form of written questions submitted under Rule 31 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within 5 days after service of the last questions authorized.

(4) As to completion and return of depositions. Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under Rules 30 and 31 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.

(e) Form of presentation. Except as otherwise directed by the Court, a party offering deposition testimony pursuant to this rule may offer it in stenographic or nonstenographic form, but, if in nonstenographic form, the party shall also provide the Court with a transcript of the portions so offered.

End

Amendment History

Amended, effective July 1, 1970; June 1, 1981; Jan. 1, 1991; Jan. 1, 1995.

Plain-English Summary

Rule 32(a) lets a deposition be used against a party who was present or represented at the taking, or who had reasonable notice of it, so far as the testimony would be admissible if the witness were present and testifying. Any deposition can be used by any party to contradict or impeach a witness, or for other purposes the Delaware Uniform Rules of Evidence permit, and the deposition of a party, or of someone who was an officer, director, or managing agent, or a designated witness under Rule 30(b)(6) or 31(a), can be used against that party for any purpose by an adverse party.

Rule 32(a)(3) opens the door wider for any witness, party or not, once the court finds one of several things: the witness has died; is out of Delaware, unless the offering party procured that absence; can't attend or testify because of age, illness, infirmity, or imprisonment; can't be reached by subpoena; or exceptional circumstances make using the deposition desirable in the interest of justice. Two limits protect a party who's caught off guard: a deposition taken under a Rule 30(b)(2) special notice can't be used against a party who couldn't get counsel in time despite diligence, and a deposition can't be used against a party who got less than 11 days' notice and promptly moved for a protective order that's still pending when the deposition happens.

Rule 32(a)(4) lets an adverse party require that any other part of a partially offered deposition that in fairness belongs with it also come in, and depositions taken and filed in an earlier action can be reused in a later action between the same parties or their successors over the same subject matter. Rule 32(d) sets waiver rules for errors and irregularities: objections to notice, to the officer's qualifications, to how the examination was conducted, or to the form of written questions under Rule 31 are all waived unless raised promptly, with a 5-day deadline for objecting to the form of written questions after the last authorized round. Errors in how the deposition was transcribed, signed, certified, or filed are waived unless a motion to suppress follows promptly after the defect comes to light.

Rule 32(e) lets a party offer deposition testimony in stenographic or nonstenographic form, but if it's nonstenographic, the party also has to give the court a transcript of the portions being offered.

Frequently Asked Questions

Can I use a deposition transcript to impeach a witness at trial?

Yes. Rule 32(a)(1) allows any deposition to be used by any party to contradict or impeach the testimony of a deponent as a witness, or for other purposes the Delaware Uniform Rules of Evidence allow.

Can I use a witness's deposition even if that witness doesn't show up for trial?

Yes, if the court finds the witness has died, is out of Delaware, can't attend because of age, illness, infirmity, or imprisonment, can't be reached by subpoena, or if exceptional circumstances make using the deposition desirable in the interest of justice.

Is there a deadline for objecting to how a deposition was taken?

Yes, and it varies by the type of error. Rule 32(d) requires objections to be raised promptly for most defects, with a specific 5-day deadline for objecting to the form of written questions after the last authorized round is served.

If I only offer part of a deposition into evidence, can the other side make me introduce more of it?

Yes. Rule 32(a)(4) lets an adverse party require the offering party to introduce any other part of the deposition that ought in fairness to be considered alongside the part already introduced.

Can I offer a video deposition instead of a written transcript?

Yes, but Rule 32(e) requires that if you offer the testimony in nonstenographic form, you must also give the court a transcript of the portions you're offering.

Source & verification. Rule text is reproduced verbatim from the Delaware Rules of Civil Procedure for the Superior Court, adopted by the Superior Court of the State of Delaware. Last verified July 28, 2026. · Official source

Also known as: using deposition at trial delawaredeposition objections waived delawareunavailable witness deposition delawareimpeach witness with deposition delaware