Rule 32.Use of Depositions in Court Proceedings

Last amended July 1, 1972 · Last verified July 1, 2026

In one sentenceRule 32 sets the rules for when a deposition taken earlier in the case can be read into evidence at trial or a hearing -- for impeachment, against the party who gave it, or when the witness is unavailable -- and spells out which objections must be raised early or are lost.

Full Text of Rule 32

Text sizeJump to: (A) (B) (C) (D)

(A) Use of depositions

Every deposition intended to be presented as evidence must be filed at least one day before the day of trial or hearing unless for good cause shown the court permits a later filing.

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 against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any one 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.

(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)(5) or Rule 31(A) to testify on behalf of a public or private corporation, partnership or association 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 beyond the subpoena power of the court in which the action is pending or resides outside of the county in which the action is pending 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, sickness, 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 an attending physician or medical expert, although residing within the county in which the action is heard; or (f) that the oral examination of a witness is not required; or (g) 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 used.

(4) If only part of a deposition is offered in evidence by a party, an adverse party may require him to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts.

Substitution of parties pursuant to Rule 25 does not affect the right to use depositions previously taken. When another action involving the same subject matter is or has been brought between the same parties or their representatives or successors in interest, all depositions lawfully taken in the one action may be used in the other as if originally taken therefor.

(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. Upon the motion of a party, or upon its own initiative, the court shall decide such objections before the deposition is read in evidence.

A party does not make a person his own witness for any purpose by taking his deposition. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition as described in subdivision (A)(2) of this rule. The use of subdivision (A)(3)(e) of this rule does not preclude any party from calling such a witness to appear personally at the trial nor does it preclude the taking and use of any deposition otherwise provided by law. At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party.

(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 stating the grounds therefor, 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 parties and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless reasonable objection thereto 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 seven 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, indorsed, transmitted, filed, or otherwise dealt with by the officer under Rule 30 and Rule 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.

End

Amendment History

Effective Date: July 1, 1970

Amended: July 1, 1972

Plain-English Summary

Division (A) requires a deposition meant for use as evidence to be filed at least one day before trial absent good cause for a later filing, and it can be used only against a party who was present, represented, or had reasonable notice of the deposition. Any deposition may be used to contradict or impeach the deponent's own trial testimony. The deposition of a party, or of someone who was an officer, director, managing agent, or a designated organizational representative at the time of the deposition, may be used by an adverse party for any purpose. The deposition of any witness may be used for any purpose if the court finds the witness dead, beyond the court's subpoena power or living outside the county where the action is pending, unable to attend because of age, sickness, infirmity, or imprisonment, an attending physician or medical expert, or if oral examination isn't required, or if exceptional circumstances make it desirable in the interest of justice to allow it. If only part of a deposition is offered, an adverse party may require the rest of what's relevant to come in too, and substitution of parties or a later related action doesn't affect the right to use depositions already taken.

Division (B) lets objections to admissibility be raised at trial for any reason that would exclude the evidence if the witness testified live, with the court ruling on those objections before the deposition is read. Division (C) provides that taking someone's deposition doesn't make that person the taking party's own witness, though introducing the deposition for a purpose other than impeachment does make the deponent the introducing party's witness -- except for the adverse-party use described above -- and any party may rebut relevant deposition evidence at trial.

Division (D) sorts objections into four categories by how quickly they must be raised or are waived: objections to the deposition notice must be served promptly in writing on the party who gave notice; objections to the deposition officer's qualifications must be raised before the deposition begins or as soon as the disqualification is discovered; objections to the competency of a witness or the competency, relevancy, or materiality of testimony aren't waived by silence unless the defect could have been fixed if raised at the time, while curable errors in the manner of taking the deposition, in the questions, answers, oath, or conduct of the parties, and objections to the form of written questions under Rule 31 must be raised promptly or are lost; and objections to how the deposition was transcribed, signed, certified, filed, or otherwise handled by the officer must be raised by a prompt motion to suppress.

Frequently Asked Questions

When can a deposition be used against someone who wasn't the one deposed?

When the deposition is that of a party, or of an officer, director, managing agent, or designated representative of an organization that is a party, an adverse party may use it for any purpose.

What has to be shown to use a non-party witness's deposition for any purpose at trial?

That the witness is dead, beyond the court's subpoena power or living outside the county, unable to attend because of age, sickness, infirmity, or imprisonment, unable to be brought in by subpoena despite the offering party’s efforts, an attending physician or medical expert, a witness whose oral examination is not required, or that exceptional circumstances make using the deposition desirable in the interest of justice.

What happens to objections that aren't raised during the deposition itself?

It depends on the type. Objections to curable defects in the notice, the officer's qualifications, or the manner of taking the deposition are waived if not raised promptly, while objections to a witness's competency or to the relevancy of testimony can usually still be raised for the first time at trial.

Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 32). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: use of depositions at trialimpeachment by depositionobjections to depositions