Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 32 governs when and how a deposition already taken may be used as evidence at trial or a hearing, covering impeachment, depositions of a party or its representative, unavailable-witness depositions, and how objections to a deposition can be lost if not raised in time.
(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 rep- resented at the taking of the deposition, by or against any party who had reasonable notice thereof or by any party in whose favor it was given in accordance with any one [1] of the fol- lowing provisions:
(1)Any deposition may be used by any party for the purpose of contradicting or impeach- ing the testimony of deponent as a witness.
(2)The deposition of a party, or an agent or person authorized by a party to testify or fur- nish such evidence or of anyone who at the time of taking the deposition was an officer, director, or managing agent, executive officer or a person designated under Rule 30(B)(6) or 31(A) to testify on behalf of an organization, including a governmental organization, or partnership which is a party may be used by an adverse party for any purpose, regardless of the presence or absence of the person deposed.
(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 outside the state, unless it appears that the absence of the wit- ness was procured by the party offering the deposition; or
(c)that the witness is unable to attend or testify because of age, sickness, 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; or
(f)upon agreement of the parties.
(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 context 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 pre- viously 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.
(B)Objections to admissibility. Subject to the provisions of Rule 28(B) and subdivision (D)(3) of this rule, objection may be made at the trial or hearing to receiving in evidence any depositions 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 as described in subdivision (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 dis- qualification of the officer before whom it is to be taken is waived unless made before the tak- ing 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 mater- iality 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 reasonable 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 five [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
This rule’s current text took effect January 1, 2021. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 32 picks up after a deposition has already been taken under Rule 30 or Rule 31 and answers a different question: can it be read or played back at trial or a hearing? The general rule is that deposition testimony, to the extent it would be admissible under the Rules of Evidence if the witness were live on the stand, can be used against anyone who was present or represented when it was taken, anyone who had reasonable notice of it, or used by anyone in whose favor it was given — but only if the situation fits one of four categories the rule lists.
The first category is the broadest: any deposition can be used by any party to contradict or impeach the deponent if that person later testifies as a witness. The second lets an opposing party use the deposition of a party — or of an agent the party authorized to speak for them, or of an officer, director, managing agent, executive officer, or Rule 30(B)(6)/31(A) organizational designee — for any purpose at all, whether or not that person shows up at trial. The third covers depositions of any witness, party or not, and lets any party use them for any purpose once the court finds one of several things: the witness has died; is outside Indiana, unless the party offering the deposition caused that absence; cannot attend because of age, sickness, infirmity, or imprisonment; could not be reached by subpoena despite the offering party’s efforts; or exceptional circumstances make it appropriate in the interest of justice; or the parties agree to it. The fourth is a completeness rule: if one side offers only part of a deposition, the other side can insist that any related portion needed for context come in too, and any party can add further excerpts.
Section A also addresses two situations beyond a single case. Substituting one party for another under Rule 25 — say, when an estate’s representative steps in after a party dies — does not disturb the right to use depositions taken before the substitution. And if a case gets dismissed and a later lawsuit over the same subject matter is filed between the same parties, or their representatives or successors, depositions lawfully taken and filed in the earlier case can carry over into the new one.
Section B keeps the ordinary rules of evidence in play: a party can object to a deposition coming into evidence for any reason that would keep the same testimony out if the witness were testifying live, subject to two cross-references elsewhere in the rules. Section C addresses what using someone’s deposition does to their status as a witness — taking a deposition does not make that person “your” witness, but introducing the deposition for some purpose other than impeachment does, except when the deposition is being used against a party-opponent under the second category above. Either side can rebut whatever the deposition contains, no matter who introduced it.
Section D sets out when objections to a deposition get waived if not raised promptly. Defects in the notice are waived unless a party promptly serves a written objection. A challenge to the qualifications of the officer who conducted the deposition is waived unless raised before the deposition begins, or as soon as the problem is discovered or reasonably should have been. Objections to a witness’s competency or to the competency, relevance, or materiality of the testimony survive even if no one raised them at the deposition — unless the problem could have been fixed by raising it then. Objections to how the deposition was conducted — errors in form, procedure, or the oath — are waived if not raised at the deposition, and objections to the form of written questions under Rule 31 are waived unless raised within a set window tied to the cross-question deadlines. Finally, problems with how the deposition was transcribed, signed, certified, or filed are waived unless a party moves to suppress the deposition reasonably promptly after discovering, or being able to discover, the defect.
Frequently Asked Questions
Can I use my opponent’s own deposition against them at trial even though they are available to testify in person?
Yes. Rule 32(A)(2) lets an adverse party use the deposition of a party — or certain people who spoke on a party’s behalf, including a Rule 30(B)(6) or 31(A) organizational designee — for any purpose, regardless of whether that person is present or available at trial.
When can a nonparty witness’s deposition replace live testimony at trial?
Only if the court finds one of the circumstances in Rule 32(A)(3): the witness has died, is outside Indiana (and the offering party did not cause that), cannot attend because of age, sickness, infirmity, or imprisonment, could not be subpoenaed despite reasonable effort, or exceptional circumstances justify it in the interest of justice — or because the parties agree to use it.
If I introduce part of the other side’s deposition, can they force in the rest?
Yes, to a point. Rule 32(A)(4) lets an adverse party require that any other part of the deposition which, in context, ought to be considered along with the part already offered also come into evidence, and any party may introduce additional parts beyond that.
Does taking someone’s deposition make them my witness at trial?
No, not by itself. Rule 32(C) says taking a deposition does not make that person your witness. Introducing the deposition later for a purpose other than impeachment does have that effect — except when an adverse party is using a party’s or organizational designee’s deposition under Rule 32(A)(2), which does not trigger it.
I noticed a problem with how a deposition was signed and filed, but did not catch it until months later. Can I still object?
Possibly. Rule 32(D)(4) lets you move to suppress the deposition, but you have to act with reasonable promptness once the defect is discovered or reasonably could have been discovered — waiting without a good reason risks waiver.
Can depositions from a case that was dismissed be used in a new lawsuit?
Yes, under Rule 32(A)(4), if the new action involves the same subject matter and is between the same parties, or their representatives or successors in interest, and the depositions were lawfully taken and filed in the earlier action.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 32). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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