Rule 32.Use of depositions in court proceedings

Taking a deposition is only half the story — Rule 32 governs whether and how it comes into evidence later. A deposition can always be used against a party who was present, represented, or had reasonable notice of it, but the ways it can be used depend on why it's being offered.

Any deposition can be used to contradict or impeach the deponent's trial testimony, or for any other purpose the Utah Rules of Evidence allow. The deposition of a party — or of someone who was an officer, director, managing agent, or a designated Rule 30(b)(6) or 31(a) representative of an organizational party — can be used by an adverse party for any purpose at all, not just impeachment. For any other witness, whether a party or not, the deposition can be used for any purpose if the court finds the witness is dead; is more than 100 miles from the trial or hearing, or outside the United States, unless the offering party procured that absence; can't attend or testify because of age, illness, infirmity, or imprisonment; couldn't be subpoenaed by the offering party; or that exceptional circumstances make it desirable, in the interest of justice, to use the deposition despite the usual preference for live testimony. If only part of a deposition comes in, an adverse party can require that other parts be introduced too, if fairness calls for it. Depositions taken in an earlier case involving the same subject matter and the same parties can be used again in a later case, and a deposition can also be used whenever the Utah Rules of Evidence otherwise permit it.

Not every objection to a deposition survives to trial, and not every objection has to be made at the deposition either — it depends on the type of defect. Objections to the notice itself are waived unless raised promptly with the noticing party. An objection that the officer was disqualified is waived unless raised before the deposition starts, or as soon as the problem is discovered. Objections to a witness's competency, or to the relevance or materiality of testimony, generally aren't waived just because no one objected during the deposition — unless the problem was one that could have been fixed if raised at the time. By contrast, irregularities in how the oral examination was conducted, in the form of questions or answers, in the oath, or in the parties' conduct — anything curable in the moment — are waived unless someone objects during the deposition itself. Objections to the form of written questions under Rule 31 are waived unless served in writing within the window for the next round of questions and within 5 days after the last question is served. Errors in how the deposition was transcribed, signed, certified, sealed, or filed are waived unless a party moves to suppress it with reasonable promptness after discovering the defect.

Using a deposition at trial or a hearing has the effect of publishing it, unless the court orders otherwise. A party can offer deposition testimony in stenographic or nonstenographic form, but if it's offered in nonstenographic form — audio or video — the offering party also has to give the court a transcript of the portions used.