(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 Hawai‘i 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 resides on an island other than that of 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 (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 Hawai‘i Rules of Evidence.
(b)Pretrial Disclosures. A party must provide to other parties and promptly file with the court the following information regarding the evidence that it may present at trial other than solely for impeachment: the designation of those witnesses whose testimony is expected to be presented by means of a deposition and, if not taken stenographically, a transcript of the pertinent portions of the deposition testimony. Unless otherwise directed by the court, this information must be disclosed at least 30 days before trial. Within 14 days thereafter, unless a different time is specified by the court, a party may serve and promptly file a list disclosing (i) any objections to the use under Rule 32(a) of a deposition designated by another party, and (ii) any objection, together with the grounds therefor, that may be made to the admissibility of that testimony. Objections not so disclosed, other than objections under Rules 402 and 403 of the Hawai‘i Rules of Evidence, are waived unless excused by the court for good cause. These disclosures must be made in writing, signed, and served.
(c)Objections to Admissibility. Subject to the provisions of Rule 28(b) and subdivision (e)(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.
(d)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.
(e)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.
Amendment History
Amended May 15, 1972, effective July 1, 1972
further amended July 26, 1990, effective September 1, 1990
further amended May 7, 2004, effective July 1, 2004
Plain-English Summary
Any deposition can be used to contradict or impeach the deponent's trial testimony, or for any other purpose the rules of evidence allow. A party's own deposition, or that of a corporate officer, director, or managing agent, or of someone the corporation designated to testify on its behalf, can be used by an adverse party for any purpose at all. A non-party witness's deposition can likewise be used for any purpose if the court finds the witness has died, lives outside the state or is otherwise unavailable through no fault of the party offering the deposition, can't attend because of age, illness, or imprisonment, or if exceptional circumstances make using the deposition desirable in the interest of justice. If only part of a deposition comes into evidence, an adverse party may require the rest, or any other relevant part, to come in too.
Before trial, a party must disclose which witnesses it expects to present by deposition rather than live testimony, giving other parties 14 days to object to specific portions or to the deposition's admissibility; most objections not raised at that point are waived. Deposition testimony offered before a jury for something other than impeachment is generally presented in nonstenographic (audio or video) form if available, so the jury can see and hear the witness rather than just read a transcript. Some objections are waived if not raised promptly, including defects in the notice, the officer's disqualification, and the form of questions or answers; others, like a witness's competency or the relevance of testimony, are preserved even if no objection was made when the testimony was taken.
Frequently Asked Questions
Can a deposition be used at trial instead of live testimony?
Yes, in the circumstances Rule 32(a) lists: for impeachment, for a party-opponent's or corporate designee's deposition for any purpose, or for a non-party witness's deposition if the witness is dead, unavailable, ill, imprisoned, or if exceptional circumstances make it appropriate.
What happens if I don't object to something during a deposition?
It depends on the objection. Defects in the deposition notice, the officer's qualifications, or the form of a question are waived if not raised promptly; objections to a witness's competency or the relevance of testimony generally are not waived just because they weren't raised at the deposition.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 32). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:using depositions at trialdeposition objections waivedreading deposition testimony into evidence