Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceC.R.C.P. 32 controls when a deposition transcript, rather than live testimony, can be read into the record at trial or a hearing, and spells out which objections survive if not raised at the deposition and which are waived by staying silent.
(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, 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;
(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 of a public or private corporation, partnership, or association, or a governmental agency, which is a party, or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf thereof 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)[There is No Colorado (D).]
(E)that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or
(F)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 C.R.C.P. 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.
(4)If only part of a deposition is offered in evidence by a party, an adverse party may require him 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 in any court of the United States or of any state has been dismissed 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.
(5)In lieu of reading text from a deposition, parties are encouraged to use stipulated written summaries of deposition testimony at any hearing or trial, and to present the testimony at any hearing or trial in a logical order.
(b)Objections to Admissibility. Subject to the provisions of Rules 28(b) and subsection (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 his own witness for any purpose by taking his 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 subsection (a)(2) of this Rule. At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him 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 7 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.
Amendment History
Amended effective January 1, 1995; January 1, 1999; January 1, 2012.
Plain-English Summary
Taking a deposition is one thing; using it in court is another. Rule 32 says a deposition may be read into evidence against a party who was present, represented, or had notice of it, but only in specific situations. Any deposition can be used to contradict or impeach the witness who gave it. The deposition of a party, or of an officer, director, or managing agent testifying for a party, can be used by the other side for any purpose. A nonparty witness's deposition can be used for any purpose only if the witness is dead, more than 100 miles from the courthouse, unable to attend because of age or illness, unreachable by subpoena, or if exceptional circumstances make its use appropriate.
If one side introduces part of a deposition, the other side can insist that any related portion also come in, so testimony isn't presented out of context. The rule also encourages lawyers to use stipulated written summaries of deposition testimony instead of reading long question-and-answer transcripts aloud.
Rule 32 also decides which objections survive to trial. Complaints about the notice, or about the qualifications of the officer who ran the deposition, must be raised promptly or they're gone. Objections to the form of a question, or to some other flaw that could have been fixed on the spot, are waived if not made during the deposition. But objections to a witness's competency or to the relevance of testimony can usually wait until trial.
Frequently Asked Questions
Can I read my opponent's deposition to the jury?
Yes, under Rule 32(a)(2), the deposition of an adverse party, or of an officer, director, or managing agent who testified on that party's behalf, can be used by the other side for any purpose at trial.
When can a nonparty witness's deposition be used instead of live testimony?
Only if the witness is dead, more than 100 miles from the place of trial, unable to attend because of age or illness, cannot be subpoenaed, or the court finds exceptional circumstances that justify using the deposition.
Do I lose my objection if I don't raise it during the deposition?
It depends on the objection. Problems with the notice, the officer's qualifications, or the form of a question are waived if not raised at the time, but objections to a witness's competency or to relevance generally survive until trial.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 32). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as:using a deposition at trialdeposition as evidencedeposition of an unavailable witnessreading a deposition into the recordwaived deposition objections