Subject to the provisions of R. 4:16-4(c), 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.
Rule 4:16-2.Objections to admissibility
Last amended September 5, 1972 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:16-2 preserves the right to object at trial to receiving a deposition in evidence for any reason that would require excluding the testimony if the witness were present and testifying.
Full Text of Rule 4:16-2
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. 4:16-5. Former rule deleted (see R. 4:16-4(b)) and new R. 4:16-2 adopted July 14, 1972 to be effective September 5, 1972 (formerly in R. 4:10-5).
Plain-English Summary
That a deposition may be used at trial does not make everything in it admissible. This rule keeps the ordinary evidence rules in play: a party may object at the trial or hearing to receiving any deposition, or part of one, for any reason that would require excluding the testimony if the witness were present and testifying live.
The objection is subject to the waiver rules of Rule 4:16-4, which spell out which objections must be raised at the deposition and which are preserved for trial. So a deposition offered as evidence still runs the gauntlet of relevance, hearsay, and the other rules of evidence.
Frequently Asked Questions
Can you object to a deposition at trial?
Yes. A party may object at trial to receiving a deposition, or any part, for any reason that would require excluding the testimony if the witness were testifying in person, subject to the waiver rules of Rule 4:16-4.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:16-2). 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: objections to admissibility of depositiondeposition evidence objection