(a) Use of Depositions. At the trial 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 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 deponent as a witness, or for any other purpose permitted by the Federal 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 at a greater distance than 100 miles from the place of trial or hearing, or is out of the United States, 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(a)(2)(C) 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 Federal Rules of Evidence.
(b) Objections to Admissibility. Subject to the provisions of Rule 28(b) and subdivision (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.
(c) 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. On request of any party in a case tried before a jury, deposition testimony offered other than for impeachment purposes shall be presented in nonstenographic form, if available, unless the court for good cause orders otherwise.
(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.
(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 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.
(As amended Mar. 30, 1970, eff. July 1, 1970; Nov. 20, 1972, eff. July 1, 1975; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993.)
added in current removed in current
Compared to current version (2025).
(a) Use ofing Depositions. At the trial 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 then present and
(1) In General. At a hearing or trial, all or part of a deposition may be used against a party on thestifying, may be used against anye conditions:
(A) the 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 ofof it;
(B) it is used to the extent it would be admissible under the Federal Rules of Evidence if the deponent were present and testifying; and
(C) the use is allowed by Rule 32(a)(2) through (8).
(2) Impeachment and Other Uses. Any party may use a deposition to contradicting or impeaching the testimony ofgiven by the deponent as a witness, or for any other purpose permittallowed by the Federal Rules of Evidence.
(23) The dDeposition of a pParty or of anyone who at the time of taking t, Agent, or Designee. An adverse party may use for any purpose the deposition of a party or anyone who, when deposition was aned, was the party’s officer, director, or managing agent, or a person designatedee 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(4).
(4) Unavailable Witness. A party may use for any purpose.
(3) T 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 at a greater distancmore than 100 miles from the place of trial or hearing,hearing or trial or is out ofside the United States, unless it appears that the absence of the witnesswitness’s absence was procured by the party offering the deposition; or
(C) that the witness is unable tocannot attend or testify because of age, illness, infirmity, or imprisonment; or
(D) that the party offering the deposition has been unable tocould not procure the witness’s attendance of the witness by subpoena; or
(E) upon applicamotion 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 oralllive testimony in open court, -to allowpermit the deposition to be used. A deposition taken without leave of court pursuant to a notice under Rule 30(a)(2)(C) 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
(5) Limitations on Use.
(A) Deposition Taken on Short Notice. A deposition must not be used against a party who, having received less than 114 days’ notice of athe deposition, has promptly upon receiving such notice filed a motionmoved for a protective order under Rule 26(c)(21)(B) requesting that ithe deposition not be heldtaken or be heldtaken at a different time or place -and suchthis motion iswas still pending atwhen the time the deposition is held.
(4) If only part of a deposition isdeposition was taken.
(B) Unavailable Deponent; Party Could Not Obtain an Attorney. A deposition taken without leave of court under the unavailability provision of Rule 30(a)(2)(A)(iii) must not be used against a party who shows that, when served with the notice, it could not, despite diligent efforts, obtain an attorney to represent it at the deposition.
(6) Using Part of a Deposition. If a party offereds in evidence by a partyonly part of a deposition, an adverse party may require the offeror to introduce any other part which oughs that in fairness toshould be considered with the part introduced, and any party may itself introduce any other parts.
(7) Substitution of parties pursuant tong a Party. Substituting a party under Rule 25 does not affect the right to use a depositions previously taken; and, when an action has been brought in any court of the United States or of any State and anoth.
(8) Deposition Taken in an Earlier Action. A deposition lawfully taken and, if required, filed in any federal- or state-court action may be used in a later action involving the same subject matter is afterward brought between the same parties, or their representatives or successors in interest, all depositions lawfully takto the same extent and duly filed in the former action may be useds if taken in the latter as if originally taken thereforction. A deposition previously taken may also be used as permittallowed by the Federal Rules of Evidence.
(b) Objections to Admissibility. Subject to the provisions of Rules 28(b) and subdivision (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 evidenc32(d)(3), an objection may be made at a hearing or trial to the admission of any deposition testimony that would be inadmissible if the witness were then present and testifying.
(c) 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. On request of any party in a case tried before a jury, deposition testimony offeredUnless the court orders otherwise, a party must provide a transcript of any deposition testimony the party offers, but may provide the court with the testimony in nontranscript form as well. On any party’s request, deposition testimony offered in a jury trial for any purpose other than for impeachment purposes shallmust be presented in nonstenographictranscript form, if available, unless the court for good cause orders otherwise.
(d) Effect of Errors and Irregularities in DeposiWaiver of Objections.
(1) As toTo the Notice. Alln objection to an errors and or irregularitiesy in the notice for taking a deposition arenotice is waived unless written objection is promptly served upin writing on the party giving the notice.
(2) As to Disqualification of Officer. Objection to taking a deposition becauTo the Officer’s Qualification. An objection based ofn disqualification of the officer before whom ita deposition is to be taken is waived unless made before the taking ofif not made:
(A) before the deposition begins; or as soon thereafter as the
(B) promptly after the basis for disqualification becomes known or could be discovered, with reasonable diligence, could have been known.
(3) As toTo the Taking of the Deposition.
(A) Objections to the cCompetency of a witness e, Relevance, or Materiality. An objection to a deponent’s competence-or to the competencye, relevancye, or materiality of testimony are-is not waived by a failure to make them objection before or during the taking of the deposition, unless the ground of the objection is one whichfor it might have been obviated cor removed if presencted at that time.
(B) Errors and irregularities occurringObjection to an Error or Irregularity. An objection to an error or irregularity at thean oral examination ins waived if:
(i) it relates to the manner of taking the deposition, in the form of thea questions or answers, in, the oath or affirmation, or in thea party’s 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) Objectionsr other matters that might have been corrected at that time; and
(ii) it is not timely made during the deposition.
(C) Objection to a Written Question. An objection to the form of a written questions submitted under Rule 31 areis waived unlessif not served in writing upon the party propounding themsubmitting the question within the time allowed for serving the succeeding cross or oresponsive questions or, if ther question is and recross-question, within 57 days after service of the last questions authorizedbeing served with it.
(4) As tTo Completiong and Return ofing the Deposition. Errors and irregularities in the manner in which the testimony isAn objection to how the officer transcribed or the depositestimon isy-or prepared, signed, certified, sealed, iendorsed, transmitted, filedsent, or otherwise dealt with by the officer under Rules 30 and 31 aredeposition-is waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is,is made promptly after the error or irregularity becomes known or, with dureasonable diligence might, could have been, ascertained known.
(As amended Mar. 30, 1970, eff. July 1, 1970; Nov. 20, 1972, eff. July 1, 1975; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)