Circuit Court · Last amended January 1, 2016 · Last verified July 13, 2026
In one sentenceRule 2-419 sets the rules for when a deposition transcript can be offered as evidence at a hearing or trial and what legal effect that use carries.
(1)Contradiction and Impeachment. — A party may use a deposition transcript and any correction sheets to contradict or impeach the testimony of the deponent as a witness.
(2)By Adverse Party. — The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, managing agent, or a person designated under Rule 2-412 (d) to testify on behalf of a public or private corporation, partnership, association, or governmental agency which is a party may be used by an adverse party for any purpose.
(3)Witness Not Available or Exceptional Circumstances. — The deposition of a witness, whether or not a party, may be used by any party for any purpose against any other party who was present or represented at the taking of the deposition or who had due notice thereof, if the court finds:
(A)that the witness is dead; or
(B)that the witness is out of the State, 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, mental incapacity, 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 motion and reasonable 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)Audio-Video Deposition of Expert. — An electronic audio-video deposition of a treating or consulting physician or of any expert witness may be used for any purpose even though the witness is available to testify if the notice of that deposition specified that it was to be taken for use at trial.
(b)Use of part of deposition. — If only part of a deposition is offered in evidence by a party, an adverse party may require the offering party to introduce at that time any other part that in fairness ought to be considered with the part offered and any party may introduce any other part in accordance with this Rule.
(c)Deposition taken in another action. — A deposition lawfully taken in another action may be used like any other deposition if the other action was brought in any court of this State, of any other state, or of the United States, involved the same subject matter, and was brought between the same parties or their representatives or predecessors in interest.
(d)Objection to admissibility. — Subject to Rules 2-412 (e), 2-415 (g) and (j), 2-416 (g), and 2-417 (c), an objection may be made at a hearing or trial to receiving in evidence all or part of a deposition for any reason that would require the exclusion of the evidence if the witness were then present and testifying.
(e)Effect of deposition. — A party does not make a person that party’s own witness by taking the person’s deposition. The introduction in evidence of all or part of a deposition for any purpose other than as permitted by subsections (a) (1) and (a) (2) of this Rule makes the deponent the witness of the party introducing the deposition. At a hearing or trial, a party may rebut any relevant evidence contained in a deposition, whether introduced by that party or by any other party.
Amendment History
Amended Dec. 8, 2003, effective July 1, 2004; December 7, 2015, effective January 1, 2016.
Committee Note & Source
Source. This Rule is derived from former Rule 413.
Plain-English Summary
Taking a deposition is one thing; using it later at trial is another, and Rule 2-419 draws the line between the two. Any party can always use a deposition transcript to contradict or impeach the deponent's trial testimony. Beyond that, an adverse party can use the deposition of a party, or of an officer, director, managing agent, or a person designated under Rule 2-412(d) to speak for an entity that's a party, for any purpose at all, not just impeachment. A non-party witness's deposition opens up the same way if the court finds the witness is dead, out of state (unless the offering party caused that absence), unable to attend because of age, incapacity, sickness, or imprisonment, or unreachable despite the offering party's efforts to subpoena them, or if exceptional circumstances make it just to allow the deposition in place of live testimony. A video deposition of a treating physician or other expert gets even broader treatment: it can be used for any purpose even if the witness is available to testify live, as long as the notice for that deposition said up front it was being taken for use at trial.
The rest of the rule handles the mechanics and consequences of using a deposition. If one party offers only part of a transcript, an adverse party can insist that any other part be introduced too if fairness calls for it, and any party can add further parts on their own. A deposition taken in an earlier case can be used in the current one if that earlier case was between the same parties (or their privies) over the same subject matter, in any Maryland, other-state, or federal court. Objections to using deposition evidence follow the same standard as objecting to live testimony, subject to the specific waiver rules found in Rules 2-412(e), 2-415(g) and (j), 2-416(g), and 2-417(c). And using someone's deposition doesn't make them your witness merely by taking it; only introducing the deposition for a purpose beyond contradiction, impeachment, or use against an adverse party has that effect, and even then, any party can rebut relevant evidence in a deposition regardless of who introduced it.
Frequently Asked Questions
Can a deposition be used instead of live testimony at trial?
Sometimes. It always works for contradiction or impeachment. For broader use, it depends on who the deponent is: an adverse party's own deposition can be used for any purpose, and a non-party witness's deposition can be used for any purpose if the court finds the witness is unavailable or exceptional circumstances justify it.
When can you use an opposing party's deposition at trial for any purpose?
When the deponent is a party, or an officer, director, managing agent, or a person designated under Rule 2-412(d) to testify for an entity that's a party. An adverse party can use that deposition for any purpose, not just impeachment.
What counts as a witness being unavailable for deposition use?
The court has to find the witness is dead; out of state (unless the offering party caused the absence); unable to attend due to age, mental incapacity, sickness, infirmity, or imprisonment; unreachable despite the offering party's efforts to subpoena them; or that exceptional circumstances make using the deposition appropriate.
Can an expert's video deposition be used even if the expert is available to testify?
Yes, for a treating or consulting physician or any other expert witness, as long as the notice of that deposition said it was being taken for use at trial.
Does introducing someone's deposition make them my witness?
Not automatically. Using a deposition to contradict or impeach, or using an adverse party's deposition against that party, doesn't make the deponent your witness. Introducing a deposition for any other purpose does, and any party can still rebut relevant evidence found in a deposition no matter who introduced it.
Can I use a deposition taken in a different lawsuit?
Yes, if the earlier action was between the same parties (or their representatives or predecessors in interest) and involved the same subject matter, whether it was filed in a Maryland court, another state's court, or federal court.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as:using a deposition at trialdeposition of unavailable witnessadverse party deposition useexpert video deposition use at trialdeposition from another lawsuit