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Rule 32.Use of Depositions in Court Proceedings

Part V. Depositions and Discovery · Last verified September 4, 2026

In one sentenceRule 32 says when a deposition may be used at trial or on a motion, and sets out which objections are preserved and which are waived by silence.

Full Text of Rule 32

Text sizeJump to: (a) (b) (c) (d)

(Identical to Mass.R.Civ.P. 32)
(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 represented at the taking of the deposition or who had due notice thereof, in accordance with any one of the following provisions:
(1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness.
(2) The deposition of a party or of any one who at the time of taking the deposition was an officer, director, or managing agent, or a person designated under Rule 30(b)(6) or 31(a) 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.
(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 out of the Commonwealth, unless it appears that the absence of the witness 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.
(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 fairness 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 previously taken; and when an action has been brought in any court of the United States or of any state 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 Rules 28(b) and subdivision (d)(3) of this rule, objection may be made at the trial or hearing to receiving in evidence any deposition 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 under 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 disqualification of the officer before whom it is to be taken is waived unless made before the taking 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 materiality 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 seasonable 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 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.
End

Plain-English Summary

Rule 32 is identical to its civil counterpart and the source says so before subsection (a). It has two halves: use, and waiver.

Use

A deposition may be used against a party who was present, represented, or had due notice, so far as it is admissible under the rules of evidence applied as though the deponent were testifying. Three routes:

  • Any deposition, by any party, to contradict or impeach the deponent's testimony as a witness.
  • A party's deposition — or that of an officer, director, managing agent, or person designated under Rule 30(b)(6) or 31(a) for an organizational party — by an adverse party for any purpose.
  • Any witness's deposition, for any purpose, on one of five findings: the witness is dead; is out of the Commonwealth, unless the offering party procured the absence; cannot attend or testify because of age, sickness, infirmity or imprisonment; could not be subpoenaed despite the offering party's efforts; or, on application and notice, exceptional circumstances make it desirable in the interest of justice, with due regard to the importance of live testimony in open court.

Subsection (a)(4) contains the rule of completeness — an adverse party may require introduction of any other part that in fairness ought to be considered — and provides that depositions survive both substitution of parties under Rule 25 and the transition to a later action between the same parties on the same subject matter.

Subsection (c) is easy to overlook: taking a deposition does not make the deponent your witness, but introducing it for any purpose other than contradiction or impeachment does — except where an adverse party uses a party deposition under (a)(2).

Waiver

Subsection (d) sorts objections by when they must be made:

  • Notice — errors waived unless written objection is promptly served.
  • Disqualification of the officer — waived unless made before the deposition begins, or as soon as the disqualification is known or discoverable with reasonable diligence.
  • Competency, relevancy, materiality — not waived by silence, unless the ground could have been obviated or removed had it been raised then.
  • Manner, form of questions or answers, the oath, conduct of parties — waived unless seasonable objection is made at the deposition, where the error could have been cured.
  • Form of written questions under Rule 31 — waived unless served within the time for the next set and within 5 days after the last authorized questions.
  • Transcription, signing, certification, sealing, filing — waived unless a motion to suppress is made with reasonable promptness after the defect is or should have been found.

Frequently Asked Questions

When can I use a deposition instead of calling the witness?

Rule 32(a)(3) allows it if the court finds the witness is dead; is out of the Commonwealth, unless the offering party procured the absence; is unable to attend or testify because of age, sickness, infirmity or imprisonment; could not be subpoenaed by the offering party; or that exceptional circumstances, on application and notice, make use desirable in the interest of justice.

Can I use the other party's deposition for any purpose?

Yes. Rule 32(a)(2) allows an adverse party to use the deposition of a party — or of an officer, director, managing agent or Rule 30(b)(6) designee of an organizational party — for any purpose.

Does taking a deposition make that person my witness?

No. Rule 32(c) says a party does not make a person their own witness by taking the deposition. Introducing the deposition for any purpose other than contradicting or impeaching the deponent does make them the introducing party's witness, except where an adverse party uses a party's deposition under Rule 32(a)(2).

Do I lose a relevance objection by not making it at the deposition?

Rule 32(d)(3)(A) says objections to the competency of a witness or to the competency, relevancy or materiality of testimony are not waived by failure to make them before or during the deposition — unless the ground is one which might have been obviated or removed if presented at that time.

What if only part of a deposition is offered?

Rule 32(a)(4) allows an adverse party to require the introduction of any other part which ought in fairness to be considered with the part introduced, and allows any party to introduce any other parts.

Source & verification. Rule text reproduced verbatim from the Massachusetts Rules of Domestic Relations Procedure as published by the Massachusetts Trial Court Law Libraries, current through amendments effective May 1, 2010. Promulgated by the Supreme Judicial Court of Massachusetts. Last verified September 4, 2026. · Official text
Also known as: use of depositionsdeposition at trialwaiver of deposition objectionsunavailable witnessrule of completeness