Rule 415.Using Depositions in Court Proceedings

Rule 415 governs getting a deposition into evidence.

The threshold

All or part of a deposition may be used against a party if that party was present or represented, or had reasonable notice; it is used to the extent it would be admissible under the Idaho Rules of Evidence and these rules with the deponent testifying; and the use is allowed by one of the categories below. Remember that Rule 102(b)(2) will often have replaced the hearsay rules with the relaxed standard.

Three routes to use

Impeachment: any party may use a deposition to contradict or impeach the deponent's testimony, or for any other purpose the rules allow.

A party's own deposition: an adverse party may use for any purpose the deposition of a party, or of anyone who was a party's officer, director, managing agent, or Rule 412 designee when deposed.

An unavailable witness: a deposition may be used for any purpose on a court finding that the witness is dead; is more than 100 miles from the hearing or outside Idaho — unless the absence was procured by the offering party; cannot attend because of age, illness, infirmity, or imprisonment; could not be subpoenaed; or, on motion and notice, that exceptional circumstances make it desirable in the interest of justice with due regard to the importance of live testimony in open court.

Two limitations

A deposition must not be used against a party who received less than 14 days' notice and promptly moved for a protective order that was still pending when it was taken. Nor against a party who shows that, when served with notice of an early deposition taken under the unavailability exception, it could not despite diligent efforts obtain an attorney.

Completeness, substitution, and earlier actions

If a party offers part of a deposition, an adverse party may require the offeror to introduce other parts that in fairness should be considered with it, and any party may introduce other parts itself. Substituting a party under I.R.C.P. Rule 25 does not affect the right to use a deposition already taken. A deposition lawfully taken in any federal or state action may be used in a later action involving the same subject matter between the same parties or their representatives or successors, to the same extent as if taken in the later action.

Which objections survive silence

Objections to a deponent's competence, or to the competence, relevance or materiality of testimony are not waived by failing to raise them at the deposition — unless the ground might have been corrected at that time.

Everything curable is waived if not raised then: an objection to an error or irregularity at the oral examination relating to the manner of taking, the form of a question or answer, the oath, or a party's conduct. Objections to the notice are waived unless promptly served in writing; to the officer's qualification, unless made before the deposition begins or promptly after the basis is known; to the form of a written question, unless served within the time for responsive questions or within 7 days for a recross-question; and to how the officer transcribed or handled the deposition, unless a motion to suppress is made promptly.