Chapter V: Depositions and Discovery · Last amended January 16, 2020 · Last verified July 14, 2026
In one sentenceRule 32 governs when deposition testimony can be read into evidence at trial or a hearing — always for impeachment, for any purpose against a party or its designated organizational witness, and for any purpose against any witness who is shown to meet one of the rule's unavailability grounds — and sets out separate waiver rules for objections to a deposition's notice, taking, and completion.
(a)Use of Depositions. At the trial or upon the hearing of a motion of 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:
(1)Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness, or for any other purpose permitted by the Mississippi Rules of Evidence.
(2)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(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 at a greater distance than one hundred miles from the place of trial or hearing, or 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, illness, 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) that the witness is a medical doctor or (F) 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 so 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 does not affect the right to use depositions previously taken; and, when an action in any court 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. A deposition previously taken may also be used as permitted by the Mississippi Rules of Evidence.
(b)Objections to Admissibility. Subject to the provisions of Rule 28(b) and subsection (d)(3) of this rule, objection may be made at the trial or hearing to receive 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.
(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 the parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereof 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 five 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, endorsed, 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.
Advisory Committee Notes
M.R.E. 801(d)(1)(A) defines a prior inconsistent statement given under oath as non- hearsay. M.R.E. 801(d)(1)(A) applies when a witness testifies at trial in a manner that is inconsistent with a previous sworn statement. The previous sworn statement, which may have been made during a deposition, is non-hearsay, and is admissible at trial, assuming no other evidentiary rule bars its introduction. See Craft v. State, 656 So. 2d 1156, 1164 (Miss. 1995).
M.R.E. 804(b)(1) permits the introduction of deposition testimony by a witness who is unavailable at trial. Though the deposition of the unavailable witness need not have been taken in the same proceeding as that in which it is offered, the party against whom the deposition testimony is being offered, must have had an opportunity and similar motive to develop the testimony. See Naylor v. State, 759 So. 2d 406, 410-11 (Miss. 2000).
If a deposition is offered into evidence at trial, the offering party’s attorney is responsible for providing the court with a written transcript of the deposition. In addition, if an audio or video recording of the deposition is played for the jury at trial, the offering party must also provide the court with a true and correct copy of such audio or video recording. If the entire deposition is not admitted into evidence, the attorneys for both parties should ensure that the court reporter is given an accurate record indicating the specific portions of the deposition that are introduced into evidence at trial. Such record should refer to the page and line numbers of the written transcript of the deposition. In addition, the attorneys for both
parties should ensure that the court reporter complies with M.R.A.P. Appendix III, governing the manner in which trial transcripts are to be prepared and filed.
A deposition admissible pursuant to M.R.C.P. 32 does not have to meet the requirements for admissibility pursuant to M.R.E. 804.
Amendment History
Effective March 1, 1989, Rule 32 was amended by providing that the deposition of a medical doctor may be used by any party for any purpose. 536-538 So. 2d XXV (West Miss. Cas. 1989).
Effective January 10, 1986, Rule 32 was amended by deleting references to the Mississippi Rules of Evidence; and Rule 32(c) [Effect of Taking or Using Depositions] was abrogated. 478-481 So. 2d XXIII (West Miss. Cas. 1986).
Plain-English Summary
Rule 32(a) permits using all or part of a deposition at trial or on a motion, to the extent it would be admissible if the witness were live in the courtroom, against any party who was present, represented, or had reasonable notice of the deposition. Any deposition can be used to contradict or impeach the deponent's trial testimony or for any other purpose the rules of evidence allow. It can also be used for any purpose at all — not just impeachment — against an adverse party when the deponent was a party, or was an officer, director, managing agent, or a person designated under Rule 30(b)(6) or Rule 31(a) to speak for a corporation, partnership, association, or governmental agency that is a party.
Beyond that, a deposition of any witness, party or not, can be used for any purpose if the court finds one of several things: the witness has died; the witness is more than one hundred miles from the trial or hearing, or out of state, and the party offering the deposition did not procure that absence; the witness cannot attend or testify because of age, illness, infirmity, or imprisonment; the offering party could not procure the witness's attendance by subpoena; the witness is a medical doctor; or exceptional circumstances make it desirable, in the interest of justice, to allow the deposition despite the usual preference for live testimony. If only part of a deposition is offered, the opposing party may require that any other part be introduced too, if fairness calls for it.
Subsection (b) lets a party object at trial to a deposition on any ground that would exclude the evidence if the witness were live, subject to the notice and taking rules in subsections (d) and (b) itself. Subsection (c), on the effect of taking or using depositions, has been abrogated and carries no current text.
Subsection (d) sorts objections into categories with different consequences for silence. Objections to the notice for taking a deposition are waived unless promptly served in writing. Objections based on the officer's disqualification are waived unless raised before the deposition begins or as soon as the disqualification is discovered. Objections to a witness's competency or to the relevancy or materiality of testimony are not waived by staying silent during the deposition, unless the problem could have been fixed at the time; but errors in the manner of taking the deposition — the form of a question or answer, the oath, or the parties' conduct — are waived unless raised promptly during the deposition itself. Objections to written questions under Rule 31 must be served within the time for the next round of questions and within five days after the last question is served. Finally, errors in transcribing, preparing, signing, certifying, or filing the deposition are waived unless a motion to suppress is made with reasonable promptness after the defect is or should have been discovered.
Frequently Asked Questions
Can I read a deposition transcript into evidence instead of calling the witness live?
Sometimes. Rule 32(a) allows deposition testimony to be used to the extent it would be admissible if the witness were testifying live, and it can always be used to impeach the witness's trial testimony. Broader use — for any purpose — depends on who the deponent was or on a showing that the witness is unavailable.
When can I use a deposition for any purpose, not just to impeach the witness?
When the deponent was a party, or an officer, director, managing agent, or person designated under Rule 30(b)(6) or Rule 31(a) to testify for a party organization, an adverse party can use the deposition for any purpose. The same is true for any witness if the court finds the witness unavailable under one of the grounds in Rule 32(a)(3).
What makes a witness "unavailable" for purposes of using their deposition at trial?
Rule 32(a)(3) lists several grounds: the witness has died; is more than one hundred miles from the courthouse or out of state (and the offering party did not cause that absence); cannot attend because of age, illness, infirmity, or imprisonment; could not be reached by subpoena; is a medical doctor; or exceptional circumstances make use of the deposition desirable in the interest of justice.
If I only offer part of a deposition, can the other side make me introduce more of it?
Yes. Rule 32(a)(4) lets an adverse party require introduction of any other part of the deposition that in fairness ought to be considered along with the part already offered, and any party may introduce additional parts as well.
If I don't object during a deposition, do I lose the right to object later?
It depends on the type of objection. Objections to a witness's competency or to relevancy and materiality are generally preserved even without a contemporaneous objection, unless the problem could have been cured at the time. But objections to the form of a question, the manner of taking the deposition, or the notice for it are generally waived unless raised promptly, as detailed in Rule 32(d).
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
Also known as:using deposition at trial mississippiunavailable witness deposition rule msdeposition objections waived mississippims rule 32 deposition admissibility