Rule 32.04.Effect of errors and irregularities.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceLists which deposition-related objections are waived if not raised promptly — notice defects, officer disqualification, errors in how the deposition was conducted, and errors in completing or returning it — and the specific timing each category requires.

Full Text of Rule 32.04

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(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.

(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 3 days after service of the last questions authorized.

(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, 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.

End

Amendment History

(Amended effective October 1, 1971; amended October 18, 1977, effective January 1, 1978.)

Plain-English Summary

Rule 32.04 tells parties which deposition-related objections they must raise right away or lose, and which survive without an early objection. Problems with the notice of a deposition are waived unless a party serves written objection promptly after getting the notice. An objection that the officer taking the deposition was disqualified is waived unless raised before the deposition begins, or as soon as the disqualification is discovered with reasonable diligence.

Objections to a witness's competency, or to the competency, relevancy, or materiality of testimony, survive even without an objection during the deposition, unless the problem could have been fixed had someone spoken up at the time. Objections to how the oral examination was conducted — the form of a question or answer, the oath, or the parties' conduct — are waived unless raised at the deposition itself, since a prompt objection could have fixed those kinds of problems. For depositions taken on written questions under Rule 31, objections to the form of the questions must be served in writing within the time allowed for the next round of questions, and no later than 3 days after the last authorized questions are served.

Finally, errors in how the deposition was transcribed, prepared, signed, certified, sealed, filed, or otherwise handled by the officer are waived unless a party moves to suppress the deposition, or the affected part of it, with reasonable promptness after discovering, or being able to discover with due diligence, the defect.

Frequently Asked Questions

Do I need to object during a deposition to preserve an objection to a witness's competency?

No. Rule 32.04(3)(a) says objections to a witness's competency or to the competency, relevancy, or materiality of testimony are not waived by failing to object before or during the deposition, unless the problem could have been fixed by raising it at the time.

How long do I have to object to written deposition questions under Rule 31?

Objections to the form of written questions must be served in writing within the time allowed for serving the next round of cross or other questions, and no later than 3 days after service of the last authorized questions.

What happens if I do not object to a deposition notice right away?

Errors and irregularities in the notice for taking a deposition are waived unless a party serves written objection on the party who gave notice promptly after receiving it.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 32.04). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

Also known as: waiving objections to a depositionobjecting to deposition notice errorsdisqualified deposition officer objectionobjections to written deposition questionsmotion to suppress a deposition