The taking of a deposition or the questioning of a deponent shall not make evidence admissible which is otherwise incompetent or constitute a waiver of objections to its admissibility.
Rule 32.03.Effect of taking or using depositions.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceProvides that taking a deposition or questioning a deponent does not make otherwise incompetent evidence admissible and does not waive any party's objections to that testimony's admissibility.
Full Text of Rule 32.03
Amendment History
(Amended effective October 1, 1971.)
Plain-English Summary
Taking a deposition, or asking a deponent a particular question, does not change whether the answer can later come into evidence. Testimony that would be inadmissible if given live stays inadmissible because it was captured in a deposition. And participating in a deposition — asking questions, sitting through it — does not waive a party's objections to that testimony's admissibility later on.
Frequently Asked Questions
Does deposing a witness make their answers automatically admissible at trial?
No. Rule 32.03 says the taking of a deposition does not make evidence admissible that would otherwise be incompetent.
If I ask a question at a deposition, have I given up my objection to the answer?
Not under Rule 32.03 — questioning a deponent does not itself waive objections to admissibility, though separate timing rules in Rule 32.04 govern certain procedural objections.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 32.03). 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: does taking a deposition waive objectionsis deposition testimony automatically admissibleobjecting to deposition answers later at trial