Rule 1.705.Effect of taking or using depositions
Division VII: Depositions and Perpetuating Testimony · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.705
Plain-English Summary
Rule 1.705(1) protects against a deposition being used to mislead through selective quotation. If one party offers only part of a deposition, any other party can require the offer of all the relevant parts, and any other party may also offer other relevant portions of it. The point is to keep a deposition's use in context rather than letting a party isolate a favorable fragment.
Rule 1.705(2) addresses a separate question: whether taking or using a deposition makes the deponent the offering party's own witness. Taking a deposition, or using it solely for impeachment under Rule 1.704(1) or as adverse-party testimony under Rule 1.704(2), does not make the deponent the offering party's witness. Introducing the deposition for any other purpose does make the deponent that party's witness — but the party may still contradict the deponent's testimony with other relevant evidence, so the designation carries no real disadvantage in practice.
Frequently Asked Questions
If the other side reads only part of my deposition into evidence, can I get the rest admitted too?
Yes. Rule 1.705(1) lets you require the offer of all the deposition relevant to the part already offered, and you may also offer other relevant parts yourself.
Does taking someone's deposition make them my own witness at trial?
No, not by itself, and not if you use it only to impeach the deponent or as adverse-party testimony under Rule 1.704(1) or (2).
If I introduce a deposition for another purpose, does that make the deponent my own witness?
Yes, under Rule 1.705(2), but you remain free to contradict that testimony with other relevant evidence.
Why does the “own witness” distinction matter?
It historically limited a party's ability to attack the credibility of its own witness. Rule 1.705(2) confirms that even where the deponent counts as your witness, you can still contradict the testimony given.
Does the right to demand the rest of a deposition belong only to the party opposing whoever offered the excerpt?
No. Rule 1.705(1) lets any other party — not just the party directly opposing the one who offered the excerpt — require the offer of all the relevant deposition testimony, and any other party may also offer additional relevant parts on its own.