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:
Rule 32.01.Use of depositions.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceGoverns when a deposition transcript can substitute for live testimony at trial or a hearing, covering use for impeachment, use of a party's or corporate representative's deposition for any purpose, use when a witness is unavailable under listed grounds, completeness of excerpts, and reuse after party substitution or refiling.
Full Text of Rule 32.01
(a) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness.
(b) 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 30.02 (6) or 31.01 (2) 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.
(c) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds the witness: (i) is at a greater distance than 100 miles from the place where the court sits in which the action is pending or out of the State, unless it appears that the absence of the witness was procured by the party offering the deposition; or (ii) is the Governor, Secretary, Auditor or Treasurer of the State; or (iii) is a judge or clerk of a court; or (iv) is a postmaster; or (v) is a president, cashier, teller or clerk of a bank; or (vi) is a practicing physician, dentist, chiropractor, osteopath, podiatrist or lawyer; or (vii) is a keeper, officer or guard of a penitentiary; or (viii) is dead; or (ix) is of unsound mind, having been of sound mind when his deposition was taken; or (x) is prevented from attending the trial by illness, infirmity, or imprisonment; or (xi) is in the military service of the United States or of this State; or (xii) if the court finds 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.
(d) 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 fairness to be considered with the part introduced, and any party may introduce any other parts.
(e) Depositions may be used in the trial of actions as provided in Rule 43.04.
(f) Substitution of parties does not affect the right to use depositions previously taken; and when an action in any court of this state or any United States court sitting in this 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.
Amendment History
(Amended effective October 1, 1971; amended October 18, 1977, effective January 1, 1978; amended July 8, 1992, effective August 1, 1992.)
Plain-English Summary
Rule 32.01 sets the ground rules for using a deposition transcript in place of live testimony. A deposition can be read into the record at trial, at a hearing on a motion, or at an interlocutory proceeding, but only against someone who was there when it was taken, represented by counsel there, or given reasonable notice of it. Whether a passage comes in still turns on the rules of evidence — the deposition is treated as if the witness were on the stand.
Any party may draw from any deposition to contradict or impeach the person who gave it. A deposition given by an opposing party, or by an officer, director, managing agent, or designated representative of a corporation, partnership, association, or government agency that is a party, can be used by the adverse party for any purpose, not just impeachment.
The deposition of any witness, party or not, can be used for any purpose if the court finds the witness unavailable for reasons the rule lists: living more than 100 miles from the courthouse or out of state, holding certain public offices (Governor, Secretary, Auditor, Treasurer, a judge, or a court clerk), working as a postmaster, bank officer, physician, dentist, chiropractor, osteopath, podiatrist, or lawyer, serving as a prison officer or guard, being dead, having lost sound mind since the deposition was taken, being too ill, infirm, or imprisoned to attend, serving in the military, or other exceptional circumstances the court finds justify it. If a party introduces only part of a deposition, an adverse party can require the rest to come in too when fairness calls for it, and depositions remain usable after parties are substituted or after a dismissed case is refiled between the same parties.
Frequently Asked Questions
Can a deposition be read into evidence instead of calling the witness at trial in Kentucky?
Yes, in specific situations: to impeach the deponent, when the deposition is a party's or a corporate or government representative's own statement, or when the court finds the witness unavailable for a reason the rule lists, such as living more than 100 miles away, illness, imprisonment, military service, or death.
How far away does a witness have to live before their deposition can be used instead of live testimony?
Rule 32.01(c) allows this when the witness is more than 100 miles from the courthouse or out of state, unless the party offering the deposition procured the witness's absence.
Can I use just part of a deposition and leave the rest out?
You can offer part of a deposition, but an adverse party can require you to introduce any other part that in fairness ought to be considered alongside it, and any party may introduce additional parts.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 32.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: using a deposition at trialreading deposition testimony into the recordwhen can a deposition be used instead of live testimonyunavailable witness depositionimpeaching a witness with a deposition transcriptdeposition of a corporate representative