Rule 32.Use of Depositions in Court Proceedings.

Subdivision (a) opens the door only so far. A deposition may be used against a party who was present, was represented, or had reasonable notice of it, and only so far as the testimony would be admissible under the Rhode Island Rules of Evidence if the witness were then present and testifying. Within that frame, three uses are named: any party may use a deposition to contradict or impeach the deponent's testimony, or for any other purpose the evidence rules permit; an adverse party may use the deposition of a party, or of an officer, director, managing agent or Rule 30(b)(6) designee, for any purpose; and any party may use any witness's deposition for any purpose once the court finds the witness is dead, out of state unless the offering party procured the absence, unable to attend because of age, sickness, infirmity or imprisonment, someone whose attendance the offering party has been unable to procure by subpoena, or that exceptional circumstances make use desirable in the interest of justice. One provision stands apart: a videotaped deposition of a medical witness or any witness called as an expert, other than a party, taken by written stipulation or court order, may be used at trial for any purpose whether or not the witness is available.

Two protections follow. A deposition taken without leave under a Rule 30(a)(2) notice cannot be used against a party who shows it was unable through diligence to obtain counsel in time. And a deposition cannot be used against a party who received less than eleven days' notice, promptly filed a motion for a protective order under Rule 26(c)(2) asking that it not be held or be held at another time or place, and whose motion was still pending when the deposition went forward. Under subdivision (a)(4), a party who offers part of a deposition can be required to introduce the rest of what is relevant to that part, and any party may introduce other parts. A true copy works to the same extent as the original, and depositions lawfully taken and filed in an earlier action between the same parties over the same subject matter carry over.

Subdivision (c) answers a common worry: taking someone's deposition does not make that person your witness. Introducing the deposition for any purpose other than contradicting or impeaching the deponent does make the deponent the witness of the party introducing it, except where an adverse party uses a party's deposition under subdivision (a)(2). Any party may rebut relevant evidence in a deposition, whoever introduced it. Subdivision (d) allows stenographic or non-stenographic presentation, but non-stenographic testimony must come with a transcript of the offered portions given to the court and all other parties in advance of trial.

Subdivision (e) is where cases are quietly lost. Errors in the notice are waived unless written objection is promptly served. An objection to the officer's disqualification is waived unless made before the deposition begins or as soon as the problem is or could be discovered. Objections to competency, relevancy or materiality survive unless the ground was one that might have been obviated or removed at the deposition, while errors in the manner of taking, the form of questions or answers, the oath, or the conduct of parties are waived unless a seasonable objection is made at the time. Defects in transcribing, preparing, signing, certifying or handling the deposition are waived unless a motion to suppress follows with reasonable promptness.