Rule 2.308.Use of Depositions in Court Proceedings

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.308 says a deposition can be used at trial only as the Michigan Rules of Evidence allow, and sets out which objections to how a deposition was noticed, taken, or transcribed are waived if not raised promptly, versus which survive until trial no matter when they're first raised.

Full Text of Rule 2.308

Text sizeJump to: (A) (B) (C)

(A) In General. Depositions or parts thereof shall be admissible at trial or on the hearing of a motion or in an interlocutory proceeding only as provided in the Michigan Rules of Evidence.

(B) Objections to Admissibility. Subject to the provisions of subrule (C) and MCR 2.306(C)(4), objection may be made at the trial or hearing to receiving in evidence a deposition or part of a deposition for any reason that would require the exclusion of the evidence.

(1) Notice. Errors or irregularities in the notice for taking a deposition are waived unless written objection is promptly served on the party giving notice.

(2) Disqualification of Person Before Whom Taken. Objection to taking a deposition because of disqualification of the person 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) 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 a 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 deposition 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 other kind which might be cured if promptly presented, are waived unless seasonable objection is made at the taking of the deposition.

(c) Objections to the form of written questions submitted under MCR 2.307 are waived unless served in writing on the party propounding them within the time allowed for serving the succeeding cross-questions or other questions and within 7 days after service of the last questions authorized.

(d) On motion and notice a party may request a ruling by the court on an objection in advance of the trial.

(4) Certification, Transcription, and Filing 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 person before whom it was taken are waived unless a motion objecting to the deposition is filed within a reasonable time.

(5) Harmless Error. None of the foregoing errors or irregularities, even when not waived, or any others, preclude or restrict the use of the deposition, except insofar as the court finds that the errors substantially destroy the value of the deposition as evidence or render its use unfair or prejudicial.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

Taking a deposition and using it in court are two different things; Rule 2.308 only speaks to the second. A deposition or part of one is admissible at a hearing or trial only to the extent the Michigan Rules of Evidence allow it, and any evidence issue that would keep the same testimony out of a live trial can still be raised when the deposition is offered.

What can trip a party up is timing. Problems with the deposition notice, or with the qualifications of the person who presided over it, are waived unless raised promptly — before the deposition even starts, for a disqualification issue, or as soon as the problem is discovered. Objections to a witness's competency or to the relevance of testimony are different: they survive even if never raised during the deposition, unless the problem could have been fixed had someone objected at the time. So do most objections to how the deposition was conducted, worded, or recorded, so long as they're raised as soon as reasonably possible; the same logic applies to how the transcript itself was prepared, certified, or filed. Even when an error was never properly preserved at all, the rule has a safety valve: none of these missteps keep a deposition out of evidence unless the court finds the error truly destroyed the deposition's value as evidence or made using it unfair.

Frequently Asked Questions

Can I use any part of a deposition at trial?

Only to the extent the Michigan Rules of Evidence would allow that testimony in if the witness were on the stand live; the deposition format doesn't change what evidence rules otherwise require.

What happens if I don't object to something at the deposition itself?

It depends on the objection. Problems with notice or the disqualification of the person taking the deposition are waived if not raised promptly. Objections to a witness's competency or to relevance generally survive regardless of when they're raised, unless the problem could have been fixed by objecting at the time.

Can a deposition be thrown out over a technical error even if no one objected?

Only if the court finds that the error truly destroyed the deposition's value as evidence or made its use unfair; harmless technical errors don't block a deposition from being used.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.308). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: using a deposition at trial Michigandeposition objections waived Michigan