Rule 32.02.Objections to admissibility.
Current through June 18, 2026 · Last verified July 9, 2026
Full Text of Rule 32.02
Amendment History
(Amended effective October 1, 1971.)
Plain-English Summary
Once a deposition is offered at trial, the opposing side can still object to specific answers or passages. Rule 32.02 applies the same standard as if the witness were testifying in person: if evidence would be excluded because the witness were on the stand, it is excluded from the deposition too. This trial-stage objection is separate from the procedural waiver rules for errors made while a deposition is being taken, which Rules 32.04(3) and 43.04(3) cover.
Frequently Asked Questions
Can I object when the other side tries to read a deposition into evidence at trial?
Yes. You may object for any reason that would require excluding the testimony if the witness were present and testifying, subject to the separate rules in 32.04(3) and 43.04(3) about objections made during the deposition itself.
Do I have to have objected during the deposition to object at trial?
Not for objections going to admissibility under the rules of evidence. Rule 32.02 lets you raise those at trial regardless of whether you objected when the deposition was taken; Rule 32.04(3) separately addresses which procedural objections must be made during the deposition.