A person does not become a party’s witness for any purpose merely because that party has taken that person’s deposition. At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by that party or by any other party.
Rule 4:16-3.Effect of taking or using deposition
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:16-3 provides that taking a person's deposition does not make that person the taking party's witness, and lets any party rebut relevant evidence contained in a deposition however it was introduced.
Full Text of Rule 4:16-3
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. 4:16-6. Former rule deleted (see R. 4:16-4(c)) and new R. 4:16-3 adopted July 14, 1972 to be effective September 5, 1972 (formerly in R. 4:10-6); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Deposing someone does not adopt them as your own witness. This rule makes that explicit: a person does not become a party’s witness for any purpose merely because that party took the person’s deposition.
It also protects the right to respond. At trial or a hearing, any party may rebut relevant evidence contained in a deposition, whether that party or another party introduced it, so a deposition’s contents are not shielded from contradiction.
Frequently Asked Questions
Does deposing a witness make them your witness?
No. A person does not become your witness merely because you took the deposition, and any party may rebut relevant evidence in a deposition regardless of who introduced it.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:16-3). 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: effect of taking depositiondeposition does not adopt witnessrebutting deposition evidence