Rule 32.Use of Depositions in Court Proceedings.

Last amended October 15, 2002 · Last verified July 6, 2026

In one sentenceRule 32 controls when and how a deposition can be used at trial or a hearing, and which objections to a deposition are preserved or waived if not raised promptly.

Full Text of Rule 32

Text sizeJump to: (a) (b) (c) (d)

(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 Alaska Rules of Evidence.

(2) The deposition of a party or of any one 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 state, unless it appears that the absence of the witness was procured by the party offering the deposition; 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; or

(F) that the witness’ testimony has been recorded on video tape.

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, the party was unable through the exercise of diligence to obtain counsel to represent the party 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 Alaska Rules of Evidence.

(b) Objections to Admissibility. Subject to the provisions of Rule 28(c) 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) Effect of Taking or Using Depositions. A party does not make a person the party’s witness for any purpose by taking the person’s deposition. The introduction in evidence of the 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 shall not apply to the use by an adverse party of a deposition under subdivision (a)(2) of this rule. 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.

(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 five 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, endorsed, 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

(Adopted by SCO 5 October 9, 1959; amended by SCO 158 effective February 15, 1973 and by Amendment No. 1 to SCO 158 effective February 15, 1973; by SCO 888 effective July 15, 1988; by SCO 1026 effective July 15, 1990; by SCO 1153 effective July 15, 1994; by SCO 1172 effective July 15, 1995; by SCO 1203 effective July 15, 1995; and by SCO 1482 effective October 15, 2002)

Plain-English Summary

Any deposition can be used to contradict or impeach the witness who gave it, and the deposition of a party — or of an officer, director, managing agent, or designated organizational representative who testified on a party's behalf — can be used by an opposing party for any purpose. The deposition of any witness can be used for any purpose if the court finds the witness has died, is more than 100 miles from the courthouse or out of state without the offering party having procured that absence, can't attend because of age, illness, infirmity, or imprisonment, can't be reached by subpoena, or has testified on videotape, or if exceptional circumstances make it in the interest of justice to allow it. A deposition taken on short notice, without leave of court, generally can't be used against a party who couldn't get a lawyer in time or who promptly moved for a protective order after receiving less than 11 days' notice.

If a party offers only part of a deposition, the other side can require that any other part be introduced too if fairness calls for it, and either side may introduce further excerpts. Deposition testimony survives a substitution of parties, and depositions taken and filed in an earlier case between the same parties on the same subject can be used again in a later case. At trial, the same evidentiary objections apply to deposition testimony as would apply if the witness testified live, and using a deposition for something other than impeachment makes the deponent the introducing party's own witness, though either side may still rebut the testimony.

Errors in the deposition process are treated differently depending on when they're raised. Notice defects and objections to the officer's qualifications are waived unless raised promptly, before or at the start of the deposition. Objections to a witness's competency or to the relevance of testimony aren't waived by silence during the deposition unless the problem could have been fixed at the time, but objections to the form of questions, the oath, or the conduct of the deposition are waived unless raised on the spot. Objections to the form of written questions must be served within the time allowed for the next round of questions and within five days of the last question served, and errors in preparing, certifying, or filing a deposition are waived unless a party moves to suppress it promptly after learning of the defect.

Frequently Asked Questions

Can I use a deposition transcript instead of live testimony at trial?

Depositions of a party (or the party's designated corporate representative) can be used by the opposing side for any purpose, and any witness's deposition can be used if the witness is unavailable — dead, too far away, ill, or otherwise unreachable by subpoena.

Does taking someone's deposition make them my witness?

No, not automatically, but introducing the deposition for something other than impeachment does make that person your witness at trial.

What happens if I don't object to something during a deposition?

Most procedural objections about form, conduct, or the oath are waived if you don't raise them at the deposition, though objections to a witness's competency or to the relevance of testimony survive until trial.

Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 32). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: using deposition at trial Alaskadeposition objections waived Alaska ruleunavailable witness deposition AlaskaAlaska R. Civ. P. 32