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 in accordance with any of the following provisions:
Rule 4:16-1.Use of depositions
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:16-1 governs using a deposition at trial or a hearing — for impeachment, against a party-deponent for any purpose, or as substantive evidence when the witness is unavailable — subject to the rules of evidence.
Full Text of Rule 4:16-1
(a) 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 Rules of Evidence.
(b) The deposition of a party or of any one who at the time of taking the deposition was an officer, director, or managing or authorized agent, or a person designated under R. 4:14-2(c) or R. 4:15-1 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 against the deponent or the corporation, partnership, association or agency.
(c) Except as otherwise provided by R. 4:14-9(e), 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 reasonable notice thereof if the court finds that the appearance of the witness cannot be obtained because of death or other inability to attend or testify, such as age, illness, infirmity or imprisonment, or is out of this state or because the party offering the deposition has been unable in the exercise of reasonable diligence to procure the witness’s attendance by subpoena, provided, however, that the absence of the witness was not procured or caused by the offering party. The deposition of an absent but not unavailable witness may also be so used if, upon application and notice, the court finds that such exceptional circumstances exist as to make such use desirable in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court.
(d) If only part of a deposition is offered in evidence by a party, an adverse party may require the offering party to introduce any other part which ought in fairness be considered with the part introduced, and any party may offer any other parts. Substitution of parties pursuant to R. 4:34 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 maintained 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, provided that the officer’s statement required by R. 4:14-6(a) was duly filed. A deposition previously taken may also be used as permitted by the Rules of Evidence.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:16-4. Former rule deleted (see R. 4:16-4(a)) and new R. 4:16-1 adopted July 14, 1972 to be effective September 5, 1972 (formerly in R. 4:10-4); paragraph (c); amended July 21, 1980 to be effective September 8, 1980; paragraphs (a) and (c) and text; amended July 26, 1984 to be effective September 10, 1984; paragraphs (c) and (d); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
A deposition is not just a discovery tool; it can be evidence. At trial or on a motion, any part of a deposition may be used so far as admissible under the rules of evidence as if the witness were present. Any deposition may be used to contradict or impeach the deponent, and the deposition of a party (or an organization’s designated witness) may be used by an adverse party for any purpose.
The most significant use is for an unavailable witness. A witness’s deposition may be used for any purpose against a party who had notice if the court finds the witness cannot be produced because of death, illness, age, imprisonment, absence from the state, or the offering party’s inability to subpoena the witness despite reasonable diligence — provided the offering party did not cause the absence. If only part of a deposition is offered, an adverse party may require other relevant parts to be introduced.
Frequently Asked Questions
When can a deposition be used at trial?
To impeach any deponent; against a party (or an organization’s designated witness) for any purpose; and as substantive evidence when the court finds the witness is unavailable because of death, illness, age, imprisonment, absence from the state, or the offering party’s inability to subpoena the witness despite reasonable diligence.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:16-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: use of depositions at trialdeposition as evidenceunavailable witnessimpeachment by depositiondeposition of a party