Rule 59.Using Depositions in Court Proceedings

Part VII. Disclosure and Discovery · Last amended January 1, 2019 · Last verified September 4, 2026

In one sentenceRule 59 sets when deposition testimony may be used at a hearing or trial, and makes it usable regardless of whether the deponent is available to testify in person.

Full Text of Rule 59

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

(a) Using Depositions.

(1) In the Same or Similar Action. At a hearing or trial, all or part of a deposition taken in the action--or in another federal or state court action involving the same subject matter between the same parties, or their representatives or predecessors in interest--may be used against a party if:

(A) the deposition testimony would be admissible under the Arizona Rules of Evidence if the deponent were present and testifying;

(B) the party or its predecessor in interest was present or represented at the deposition or had reasonable notice of it; and

(C) the party, its representative, or its predecessor in interest had an opportunity and similar motive to develop the testimony by examination at the deposition.

(2) In a Different Action. At a hearing or trial, all or part of a deposition taken in another federal or state court action may be used as allowed by the Arizona Rules of Evidence.

(3) Deponent's Availability at Trial. Subject to Rule 59(a)(1) and (2), all or part of a deposition may be used at trial regardless of the deponent's availability to testify at trial. Use of a deposition at trial does not limit, in any way, any party's right to call the deponent to testify in person.

(4) Using Part of a Deposition. If a party offers in evidence only part of a deposition, the court may require that party to contemporaneously introduce other parts that in fairness should be considered with the part offered.

(5) Substituted Party. Substituting a party under Rule 37 does not affect the right to use a previously taken deposition.

(6) Other uses. A deposition may also be used as permitted by Rule 2 of these rules.

(b) Objections to Admissibility. Subject to Rules 55(b) and (c), and 59(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 present and testifying.

(1) Generally. Unless the court orders otherwise, a party must provide the court a transcript of any deposition testimony the party offers, but also may provide the court with the testimony in non-transcript form.

(2) Designation. A party intending to offer deposition testimony at trial or at a hearing, for any purpose other than impeachment, must designate the portions to be offered by page and line reference and identify the party or parties against whom it will be offered. The designations must be included in any pretrial or prehearing statement required by the court.

(d) Preservation and Waiver of Objections.

(1) To the Notice. A party objecting to an error or irregularity in a deposition notice must promptly serve the objection in writing on the party giving the notice.

(2) To the Officer's Qualification. A party objecting to the qualification of the officer before whom a deposition is to be taken must make such objection:

(A) before the deposition begins; or

(B) promptly after the basis for disqualification becomes known or, with reasonable diligence, could have been known.

(3) To the Taking of the Deposition.

(A) To Competence, Relevance, or Materiality. 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 that might have been obviated or removed if presented at that time.

(B) To an Error or Irregularity at an Oral Deposition. A party objecting to the manner of taking the deposition, the form of a question or answer, the oath or affirmation, a party's conduct, or other matters that could be corrected at that time must timely make the objection during the deposition.

(4) To the Officer's Completion and Return of Deposition. A party objecting to how the officer (A) transcribed the testimony, or

(B) prepared, signed, certified, sealed, endorsed, delivered, or otherwise dealt with the deposition, must file a motion to suppress promptly after the error or irregularity becomes known or, with reasonable diligence, could have been known.

End

Rule History

Added Aug. 30, 2018, effective Jan. 1, 2019.

Plain-English Summary

Rule 59 governs the back end of a deposition: getting it into evidence.

The three-part test

All or part of a deposition taken in the action -- or in another federal or state action involving the same subject matter between the same parties or their representatives or predecessors -- may be used against a party if the testimony would be admissible under the Arizona Rules of Evidence with the deponent present and testifying; the party or its predecessor was present, represented, or had reasonable notice; and that party had an opportunity and similar motive to develop the testimony by examination.

Availability does not matter

This is the departure worth noting. Subject to the test above, a deposition may be used at trial regardless of the deponent's availability to testify. Civil practice generally requires unavailability before deposition testimony substitutes for live testimony; here it does not. And using a deposition does not limit any party's right to call the deponent in person.

Fairness and completeness

If a party offers only part of a deposition, the court may require that party to contemporaneously introduce other parts that in fairness should be considered with it. Substituting a party under Rule 37 does not affect the right to use a deposition already taken.

Presentation

A party must provide the court a transcript of any deposition testimony offered, and may also provide it in non-transcript form. Testimony offered for any purpose other than impeachment must be designated by page and line, with the party or parties against whom it will be offered identified, and those designations must be included in any pretrial or prehearing statement the court requires -- which Rule 76.1(g)(11) makes explicit.

Which objections survive

Objections to competency, relevance or materiality are not waived by failing to raise them at the deposition -- unless the ground could have been cured had it been raised then. By contrast, objections to the manner of taking the deposition, the form of a question or answer, the oath, or a party's conduct must be made at the deposition, because those are the things that could have been fixed on the spot. Objections to the notice must be served promptly in writing; objections to the officer's qualification must come before the deposition begins or promptly after the basis is known; and objections to how the officer transcribed or handled the deposition require a motion to suppress filed promptly after the problem becomes known.

Frequently Asked Questions

Can I use a deposition at trial if the witness is available to testify?

Yes. Rule 59(a)(3) allows all or part of a deposition to be used at trial regardless of the deponent's availability, subject to Rule 59(a)(1) and (2), and says that using it does not limit any party's right to call the deponent to testify in person.

Do I have to give the court a transcript?

Rule 59(c)(1) requires a party to provide the court a transcript of any deposition testimony offered, unless the court orders otherwise. The party may also provide the testimony in non-transcript form.

How do I designate deposition testimony for trial?

Rule 59(c)(2) requires designation by page and line reference, identifying the party or parties against whom it will be offered, included in any pretrial or prehearing statement the court requires. Testimony used purely for impeachment does not require designation.

If I did not object at the deposition, have I lost the objection?

It depends. Rule 59(d)(3)(A) preserves objections to competency, relevance and materiality unless the ground could have been obviated or removed if raised at the time. Rule 59(d)(3)(B) requires objections to the manner of taking, the form of a question or answer, the oath, or a party's conduct to be made during the deposition.

Can the other side read just the helpful half?

Rule 59(a)(4) allows the court to require a party offering part of a deposition to contemporaneously introduce other parts that in fairness should be considered with the part offered.

Source & verification. Rule text and Rule History reproduced verbatim from the Arizona Rules of Family Law Procedure as published by the Arizona Supreme Court, current through amendments effective January 1, 2026. Promulgated by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). Last verified September 4, 2026. · Official text

Also known as: using depositionsdeposition at trialdesignationpage and linewaiver of objectionsmotion to suppressimpeachment