TITLE FIVE — DEPOSITION AND DISCOVERY
Rule 25. Use of Depositions in Court Proceedings
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 Ridgeway Rules of Evidence applied as though the deponent 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 due notice thereof, in accordance with any one of the following provisions:
Impeachment. Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness.
Deposition of a Party. The deposition of a party, or of any one who at the time of taking the deposition was an officer, director, or managing agent of a party, or a person designated under Rule 23(6) or Rule 24(2) to testify on behalf of a public or private corporation, partnership, association, business entity, or governmental agency or department which is a party, may be used by an adverse party for any purpose.
Unavailable Deponent. The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds:
that the deponent is dead;
that the deponent is outside the State, or cannot be reached in the proceeding communications or in game after reasonable effort, unless it appears that the deponent’s absence was procured by the party offering the deposition;
that the deponent cannot attend because of age, illness, infirmity, or because the deponent is held in custody;
that the party offering the deposition could not procure the deponent’s attendance by subpoena under Rule 32; or
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.
Completeness. If only part of a deposition is offered in evidence by a party, an adverse party may require the offering party to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other part. Rid. R. Evid. 106 applies to a deposition offered under this paragraph.
Form of Presentation. A party offering a deposition shall identify the portions offered by time index in the recording or by page in the transcript, and shall have designated those portions in the pre-trial disclosures required by Rule 19.1(5) unless the court excuses the failure. The recording may be played in the proceeding communications or in open court. The court may require the offering party to furnish a written transcript or an accurate written summary of the portions offered, and may exclude a portion the accuracy of which the offering party fails to establish.
Objections to Admissibility. 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 deponent were then present and testifying.
Effect of Taking or Using Depositions. A party does not make a person that party’s own witness for any purpose by taking that person’s deposition. The introduction in evidence of a deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this does not apply to the use by an adverse party of a deposition under Rule 25(1)(b). At the trial or hearing any party may rebut any relevant evidence contained in a deposition, whether introduced by that party or by any other party.
Deposition Taken in an Earlier Action; Substituted Parties. A deposition lawfully taken in an earlier action may be used in a later action involving the same subject matter between the same parties, or their representatives or successors in interest, to the same extent as if taken in the later action. Substitution of a party under Rule 17 does not affect the right to use a deposition previously taken.
Limitations on Use. A deposition shall not be used against a party who, having received less notice than Rule 23(2)(a) requires, promptly moved for a protective order under Rule 19(7) on the ground that the party could not obtain an attorney to represent that party at the deposition, and the motion was pending when the deposition was taken. A deposition taken without compliance with Rule 23 or Rule 24, and not cured by stipulation under Rule 22 or by order, shall not be used except for impeachment.
Effect of Errors and Irregularities in Depositions.
As to Notice. All errors and irregularities in the notice for taking a deposition are waived unless written objection is served upon the party giving the notice within twelve (12) hours after the notice is served, or before the deposition begins, whichever is earlier.
As to Disqualification of the 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.
As to the Taking of the Deposition.
Objections to the competency of a deponent, 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.
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.
An objection to the form of a written question under Rule 24 is waived as Rule 24(6) provides.
As to Completion and Return of the Deposition. Errors and irregularities in the manner in which the testimony is recorded or transcribed, or the deposition is prepared, signed, certified, transmitted, filed, or otherwise dealt with by the officer, 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.