Any part of a deposition, so far as admissible under the rules of evidence, may be used upon the trial or at an interlocutory hearing or upon the hearing of a motion in the same action against any party who appeared when it was taken, or stipulated therefor, or had due notice thereof, to do any of the following:
Rule 1.704.Use of depositions
Division VII: Depositions and Perpetuating Testimony · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.704 sets out when any part of a deposition can be used at trial or a hearing against a party who was present, stipulated to it, or had due notice — to impeach, as adverse-party testimony, when the deponent is unavailable, for retained experts or treating health care practitioners, or for any purpose the court allows in the interest of justice.
Full Text of Rule 1.704
(1) To impeach or contradict deponent's testimony as a witness.
(2) For any purpose if, when it was taken, deponent was a party adverse to the offeror, or was an officer, partner, or managing agent of any adverse party which is not a natural person.
(3) For any purpose, if the court finds that the offeror was unable to procure deponent's presence at the trial by subpoena; or that deponent is out of the state and such absence was not procured by the offeror; or that deponent is dead, or unable to testify because of age, illness, infirmity, or imprisonment.
(4) For any purpose, if it was taken of an expert witness specially retained for litigation; or the deponent was a health care practitioner offering opinions or facts concerning a party's physical or mental condition.
(5) On application and notice, the court may also permit a deposition to be used for any purpose, under exceptional circumstances making it desirable in the interests of justice; having due regard for the importance of witnesses testifying in open court.
Plain-English Summary
Live testimony is the norm, but Rule 1.704 identifies the situations where a deposition can substitute for it against a party who appeared at the deposition, stipulated to it, or had due notice of it. First, any deposition can be used to impeach or contradict the deponent's testimony as a witness. Second, a deposition can be used for any purpose if, at the time it was taken, the deponent was an adverse party, or an officer, partner, or managing agent of an adverse party that is not a natural person.
Third, a deposition can be used for any purpose if the court finds the offering party could not procure the deponent's presence at trial by subpoena, that the deponent is out of state through no fault of the offering party, or that the deponent is dead or unable to testify because of age, illness, infirmity, or imprisonment. Fourth, a deposition of an expert witness specially retained for the litigation, or of a health care practitioner offering opinions or facts about a party's physical or mental condition, can likewise be used for any purpose.
Finally, Rule 1.704(5) gives the court discretion, on application and notice, to allow a deposition's use for any purpose under exceptional circumstances that make it desirable in the interest of justice — while keeping in mind the value of having witnesses testify in open court. That catch-all is meant for situations the enumerated categories do not fit, not as a routine substitute for live testimony.
Frequently Asked Questions
Can I use a deposition instead of calling the witness live at trial?
Only in the situations Rule 1.704 identifies: to impeach, when the deponent was an adverse party, when the deponent is unavailable, for a specially retained expert or a health care practitioner discussing a party's condition, or when the court allows it under exceptional circumstances.
Can I use a deposition just to impeach a witness on the stand?
Yes. Rule 1.704(1) allows any part of a deposition to be used to impeach or contradict the deponent's testimony as a witness.
What counts as an “unavailable” deponent for using the deposition for any purpose?
Rule 1.704(3) covers a deponent who cannot be reached by subpoena, is out of state through no fault of the offering party, or is dead or unable to testify because of age, illness, infirmity, or imprisonment.
Can an expert's deposition be used freely at trial?
Yes. Rule 1.704(4) allows the deposition of a specially retained litigation expert, or a health care practitioner discussing a party's condition, to be used for any purpose.
What if none of the listed categories apply but I still want to use the deposition?
Rule 1.704(5) lets a party ask the court, on application and notice, to permit its use under exceptional circumstances in the interest of justice, though courts weigh the importance of live testimony before granting that request.
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
Also known as: iowa using a deposition at trialdeposition of unavailable witness iowaimpeach with deposition iowa ruleexpert witness deposition use at trial iowa