Article 3: Nebraska Court Rules of Discovery in Civil Cases. (Effective January 1, 2025.) · Last amended September 3, 2025 · Last verified July 22, 2026
This section prints two full, separately-dated versions in the official compilation (the January 1, 2025 discovery/pleading rewrite); both are shown below, current version first.
§ 6-332. Using depositions in court proceedings. — Current version (effective January 1, 2025)
(1) In General. At a hearing or trial, all or part of a deposition may be used against a party on these conditions:
(A) the party was present or represented at the taking of the deposition or had reasonable notice of it;
(B) it is used to the extent it would be admissible under the Nebraska Rules of Evidence if the deponent were present and testifying; and
(C) the use is allowed by Rule 32(a)(2)-(8).
(2) Any party may use a deposition to contradict or impeach the testimony given by the deponent as a witness, or for any purpose allowed by the Nebraska Evidence Rules.
(3) Deposition of a Party, Agent, or Designee. An adverse party may use for any purpose the deposition of a party or of anyone who, when deposed, was the party’s officer, director, managing agent, or designee under Rule 30(b)(6) or Rule 31(a)(5).
(4) Unavailable Witness. A party may use for any purpose the deposition of a witness, whether or not a party, if the court finds:
(A) that the witness is dead;
(B) that the witness is more than one hundred miles from the place of hearing or trial or is outside the state, or beyond the subpoena power of the court, unless it appears that the witness’ absence was procured by the party offering the deposition;
(C) that the witness cannot attend or testify because of age, illness, infirmity, or imprisonment;
(D) that the party offering the deposition could not procure the witness’ attendance by subpoena;
(E) that exceptional circumstances make it desirable - in the interest of justice and with due regard to the importance of live testimony in open court - to permit the deposition to be used; or
(F) on motion and notice prior to the taking of the deposition, that circumstances make it desirable - in the interest of justice and with due regard to the importance of live testimony in open court - to permit the deposition to be used.
(5) Limitation on Use; Unavailable Deponent; Party Could Not Obtain an Attorney. A deposition taken without leave of court under the unavailability provision of Rule 30(a)(2)(A)(iii) must not be used against a party who shows that, when served with the notice, it could not, despite diligent efforts, obtain an attorney to represent it at the deposition.
(6) Using Part of a Deposition. If a party offers in evidence only part of a deposition, an adverse party may require the offeror to introduce other parts that in fairness should be considered with the part introduced, and any party may itself introduce any other parts.
(7) Substituting a Party. Substituting a party does not affect the right to use a deposition previously taken.
(8) Deposition Taken in an Earlier Action. A deposition lawfully taken in any federal or state court action may be used in a later action involving the same subject matter between the same parties, or their representatives or successors in interest, to the same extent as if taken in the later action. A deposition previously taken may also be used as allowed by the Nebraska Evidence Rules.
(b) Objections to Admissibility. Subject to the provisions of Rule 28(b) and 32(d)(3), an objection may be made at a hearing or trial to the admission of any deposition testimony that would be inadmissible if the witness were present and testifying; or if the trial court directs, such objections may be heard and determined prior to trial.
(c) Transcript, Form of Presentation, and Notice of Use.
(1) Transcript. Unless the court orders otherwise, a party must:
(A) provide the court with a transcript of any deposition testimony the party offers, but may provide the court with the testimony in audio or audiovisual form as well; or
(B) if the deposition was not recorded stenographically, provide the court and the other parties with a transcript of the portions of the deposition requiring a ruling from the court.
(2) Form. On any party's request, deposition testimony offered in a jury trial for any purpose other than impeachment must be presented in audio or audiovisual form, if available, unless the court for good cause orders otherwise.
(3) Notice. A party who may offer a deposition in audio or audiovisual form for any purpose other than impeachment must give the other parties reasonable written notice before the hearing or trial and an opportunity to object to use of all or part of the deposition.
(d) Waiver of Objections.
(1) To the Notice. An objection to an error or irregularity in a deposition notice is waived unless promptly served in writing on the party giving the notice.
(2) To the Officer’s Qualifications. An objection based on disqualification of the officer before whom a deposition is to be taken is waived if not made:
(A) before the deposition begins; or
(B) promptly after the basis for disqualification becomes known or, with reasonable diligence, could have been known.
(3) To the Taking of the Deposition.
(A) Objection to Competence or Relevance. An objection to a deponent’s competence – or to the competence or relevance of testimony – is not waived by a failure to make the objection before or during the deposition, unless the ground for it might have been corrected at that time. But if a deposition was recorded by audio or audiovisual means only, the objection is waived by the failure to make it to the court before the hearing or trial unless the court, for good cause, excuses the failure.
(B) Objection to an Error or Irregularity. An objection to an error or irregularity at an oral examination is waived if:
(i) it relates to the manner of taking the deposition, the form of a question or answer, the oath or affirmation, a party’s conduct, or other matters that might have been corrected at that time; and
(ii) it is not timely made during the deposition.
(C) Objection to a Written Question. An objection to the form of a written question under Rule 31 is waived if not served in writing on the party submitting the question within the time for serving responsive questions or, if the question is a recross-question, within 7 days after being served with it.
(4) As to Interpreting, Completing and Returning the Deposition. An objection to how the interpreter interpreted the questions or answers, how the officer transcribed the testimony, or how the officer prepared, signed, certified, sealed, endorsed, sent, or otherwise dealt with the deposition is waived unless a motion to suppress the deposition is made promptly after the error or irregularity becomes known or, with reasonable diligence, could have been known.
§ 6-332. Using depositions in court proceedings. — Prior version (in effect before January 1, 2025)
(a) Use of Depositions. Any part or all of a deposition, so far as admissible under the Nebraska Evidence Rules 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 purpose permitted by the Nebraska Evidence Rules.
(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 out of the state, or beyond the subpoena power of the court, 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 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; or
(F) Upon application and notice prior to the taking of the deposition, that circumstances exist such 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 or her to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other parts relevant to the issues.
Substitution of parties 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 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 Nebraska Evidence Rules.
(b) Objections to Admissibility. Subject to the provisions of 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; or if the trial court directs, such objections may be heard and determined prior to trial.
(d) Effect of Errors and Irregularities in Deposition.
(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 or relevancy 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. In a deposition recorded and preserved by nonstenographic means, such objections shall be made to the court before the trial or hearing, or such objections will be waived unless otherwise ordered by the court.
(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 depositions.
(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 ten days after service of the last questions authorized.
(4) As to Interpreting, Completing and Returning the Deposition. An objection to how the interpreter interpreted the questions or answers, how the officer transcribed the testimony, or how the officer prepared, signed, certified, sealed, endorsed, sent, or otherwise dealt with the deposition is waived unless a motion to suppress the deposition is made promptly after the error or irregularity becomes known or, with reasonable diligence, could have been known.
Current version (effective January 1, 2025)
§ 6-332(d)(4) and Comments to Rule 32 amended October 21, 2015, effective January 1, 2016; § 6-332 amended November 13, 2024, effective January 1, 2025; § 6-332 amended September 3, 2025.
Prior version (in effect before January 1, 2025)
§ 6-332(d)(4) and Comments to Rule 32 amended October 21, 2015, effective January 1, 2016.
Current version (effective January 1, 2025)
COMMENTS TO § 6-332 [1] The rule governs the use of depositions in court proceedings. The rule was amended in 2015 to address interpreters and was amended again in 2024 to address issues raised by depositions that are recorded by audio or audiovisual means. [2] Subpart (a)(4) creates an exception to the hearsay rule. In other words, a deposition does not have to satisfy the requirements of Neb. Rev. Stat. § 27-804(2)(a) to be admissible under this subpart. See Walton v. Patil, 279 Neb. 974, 984 (2010). Under subpart (a)(4)(B), the witness must be at least 100 miles away in order to use the deposition because Neb. Rev. Stat. § 25-1227 establishes 100 miles as the maximum distance a witness must ordinarily travel for a civil trial. Subpart (a)(4)(E) allows use of a deposition under exceptional circumstances; under subpart (a)(3)(F), the court may authorize use of the deposition in the absence of exceptional circumstances if the motion is made before the deposition is taken. [3] Recording a deposition solely by audio or audiovisual means can reduce costs. Reducing costs is especially important for self-represented parties and parties represented pro bono. But the interests of the court become relevant when a party seeks to use the deposition at a hearing or trial. It is usually easier for a court to review a transcript rather than a recording. Subpart (c)(1)(B) accommodates the competing interests by requiring a party who took a deposition non-stenographically to provide the court and the other parties with “a transcript of the portions of the deposition requiring a ruling from the court.” If there are objections on just a few pages of the deposition, then the party only needs to have a transcript prepared of those few pages. It should be noted that subpart (c)(1) requires a party to provide a transcript “[u]nless the court orders otherwise.” The quoted language makes it clear that the court has the discretion to dispense with the transcript requirement if compliance would be unnecessary or especially onerous. [4] Depositions that are recorded by stenographic means are sometimes recorded by audio or audiovisual means as well. If the deposition is used at trial, the lawyers may read part or all of the deposition testimony at trial. But the reality is that jurors are more likely to pay attention to a recording of a deponent testifying than they are to lawyers reading the questions and answers. Subpart (c)(2) reflects that reality by requiring that a deposition recorded by audio or audiovisual means must be presented in audio or audiovisual form in a jury trial if any party requests that it be presented in that form. The requirement does not apply if deposition testimony is used for impeachment purposes, however, or if the court determines that there is good cause for not presenting the testimony in that form. [5] Subpart (d)(3)(A) provides that if a deposition was recorded by audio or audiovisual means only, competency and relevance objections are waived unless they are made to the court before the hearing or trial. It makes sense to resolve competency and relevance objections beforehand – but a party needs to know beforehand that a deposition will be used so that it can raise its objections beforehand. Therefore, subpart (c)(3) provides that if a party plans to use an audio or audiovisual deposition for any purpose other impeachment, the party must give the other parties reasonable written notice before the hearing or trial. [6] One of the objections that can be raised by a motion to suppress is an objection to how the interpreter interpreted the questions or answers. The objection can be raised only if a request to review the deposition was made pursuant to § 6-330(e)(1). The deponent may correct alleged errors in interpretation by signing a statement listing the changes and the reasons for them. The errors, however, may be so extensive that the deposition is inherently inaccurate. In that case, the deponent or a party may file a motion to suppress the deposition in its entirety. See § 6-330(e)(3). A party may also file a motion to suppress the deposition in part on the grounds that there were errors in interpreting a limited but material part of the deposition and those errors render that part inherently inaccurate. If the court suppresses a deposition in whole or in part, the court may order the deposition to be retaken in whole or in part. [7] Subpart (d)(4) provides that a motion to suppress must be promptly filed. A motion may be untimely if the party failed to act with reasonable diligence in obtaining a transcript or recording of the deposition or in reviewing the transcript or recording.
Prior version (in effect before January 1, 2025)
COMMENTS TO RULE 32 32(a)(3) creates an exception to the hearsay rule. In other words, a deposition does not have to satisfy the requirements of Neb. Rev. Stat. § 27-804(2)(a) to be admissible under this subdivision. See Walton v. Patil, 279 Neb. 974, 984, 783 N.W.2d 438, 446 (2010). Under subdivision (3)(B), the witness must be at least 100 miles away in order to use the deposition because Neb. Rev. Stat. § 25-1227 establishes 100 miles as the maximum distance a witness must ordinarily travel for a civil trial. Subdivision (3)(E) allows use of a deposition under exceptional circumstances; under subdivision (3)(F) the court may authorize use of the deposition in the absence of exceptional circumstances if the application is made before the deposition is taken. 32(d) The rule includes an objection to interpretation as one that may be raised by a motion to suppress the deposition. The objection can only be raised if a request to review the deposition was made pursuant to Rule 30(e)(1). The deponent may correct alleged errors in interpretation by signing a statement listing the changes and the reasons for them pursuant to Rule 30(e)(1). The errors, however, may be so extensive that the deposition is inherently inaccurate. In that case, the deponent may file a motion to suppress the deposition in its entirety. See Rule 30(e)(3). So too may an opposing party. An opposing party may also file a motion to suppress the deposition in part on the ground that there were errors in interpreting a limited but material part of the deposition and those errors render that part inherently inaccurate. If the court suppresses a deposition in whole or in part, the court may order the deposition to be retaken in whole or in part. It should be noted that the rule requires the motion to be filed promptly. A motion may be untimely if the party failed to act with reasonable diligence in obtaining a transcript or recording of the deposition or in reviewing the transcript or recording.