Part V: Depositions and Discovery · Last amended April 1, 2001 · Last verified July 13, 2026
In one sentenceRule 32 controls when a deposition transcript can be used at trial in place of live testimony, and which objections survive if they aren't raised at the deposition itself.
(a)Use of depositions. 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 of the following provisions:
(1)Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of [a] deponent as a witness or for any other purpose permitted by the Utah Rules of Evidence.
(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)(6) or 31(a) 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.
(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 at a greater distance than 100 miles from the place of trial or hearing, or is out of the United States, 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, illness, 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)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 any other part which ought in fairness to be considered with 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; 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 brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor. A deposition previously taken may also be used as permitted by the Utah Rules of Evidence.
(b)Objections to admissibility. Subject to the provisions of Rule 28(b) and Subdivision (c)(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.
(1)As to notice. All errors and irregularities in the notice for taking a deposition are waived unless written objection 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 seasonable 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 5 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, endorsed, transmitted, filed, or otherwise dealt with by the officer under Rules 30 and 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.
(d)Publication of deposition. Use of a deposition under Subsection (a) of this rule shall have the effect of publishing the deposition unless the court orders otherwise in response to objections.
(e)Except as otherwise directed by the court, a party offering deposition testimony pursuant to this rule may offer it in stenographic or nonstenographic form, but, if in nonstenographic form, the party shall also provide the court with a transcript of the portions so offered.
Amendment History
Amended effective Jan. 1, 1987; April 29, 1999; April 1, 2001.
Advisory Committee Notes
For a complete explanation of the 1999 amendments to this rule and the interrelationship of these amendments with the other discovery changes, see the advisory committee note appended to Rule 26. The Supreme Court order approving the amendments directed that the new procedures be applicable only to cases filed on or after November 1, 1999.
Plain-English Summary
Taking a deposition is only half the story — Rule 32 governs whether and how it comes into evidence later. A deposition can always be used against a party who was present, represented, or had reasonable notice of it, but the ways it can be used depend on why it's being offered.
Any deposition can be used to contradict or impeach the deponent's trial testimony, or for any other purpose the Utah Rules of Evidence allow. The deposition of a party — or of someone who was an officer, director, managing agent, or a designated Rule 30(b)(6) or 31(a) representative of an organizational party — can be used by an adverse party for any purpose at all, not just impeachment. For any other witness, whether a party or not, the deposition can be used for any purpose if the court finds the witness is dead; is more than 100 miles from the trial or hearing, or outside the United States, unless the offering party procured that absence; can't attend or testify because of age, illness, infirmity, or imprisonment; couldn't be subpoenaed by the offering party; or that exceptional circumstances make it desirable, in the interest of justice, to use the deposition despite the usual preference for live testimony. If only part of a deposition comes in, an adverse party can require that other parts be introduced too, if fairness calls for it. Depositions taken in an earlier case involving the same subject matter and the same parties can be used again in a later case, and a deposition can also be used whenever the Utah Rules of Evidence otherwise permit it.
Not every objection to a deposition survives to trial, and not every objection has to be made at the deposition either — it depends on the type of defect. Objections to the notice itself are waived unless raised promptly with the noticing party. An objection that the officer was disqualified is waived unless raised before the deposition starts, or as soon as the problem is discovered. Objections to a witness's competency, or to the relevance or materiality of testimony, generally aren't waived just because no one objected during the deposition — unless the problem was one that could have been fixed if raised at the time. By contrast, irregularities in how the oral examination was conducted, in the form of questions or answers, in the oath, or in the parties' conduct — anything curable in the moment — are waived unless someone objects during the deposition itself. Objections to the form of written questions under Rule 31 are waived unless served in writing within the window for the next round of questions and within 5 days after the last question is served. Errors in how the deposition was transcribed, signed, certified, sealed, or filed are waived unless a party moves to suppress it with reasonable promptness after discovering the defect.
Using a deposition at trial or a hearing has the effect of publishing it, unless the court orders otherwise. A party can offer deposition testimony in stenographic or nonstenographic form, but if it's offered in nonstenographic form — audio or video — the offering party also has to give the court a transcript of the portions used.
Frequently Asked Questions
When can a deposition be read into evidence instead of calling the witness live?
It depends on the purpose. Any deposition can be used to impeach the deponent, but using it as substantive evidence generally requires either that the deponent was a party (or an organization's designated representative) or that the court finds the witness unavailable for a reason like death, distance, illness, or inability to subpoena them.
What makes a witness "unavailable" for using their deposition at trial?
The court has to find one of several things: the witness is dead; is more than 100 miles from the trial or outside the United States (unless the offering party caused that absence); can't attend because of age, illness, infirmity, or imprisonment; couldn't be subpoenaed; or exceptional circumstances make using the deposition desirable in the interest of justice.
Can I use a deposition against a corporation based on what its designated witness said?
Yes. The deposition of a party's officer, director, managing agent, or a person designated under Rule 30(b)(6) or 31(a) to speak for an organizational party can be used by an adverse party for any purpose.
Do I have to object to a deposition question right away, or can I wait until trial?
It depends on the defect. Curable problems — like the form of a question, the oath, or how the exam was conducted — have to be objected to during the deposition or they're waived. Objections to a witness's competency or to relevance generally survive even without a contemporaneous objection, unless the problem could have been fixed on the spot.
If I only want to use part of a deposition, can the other side make me use more of it?
Yes. If you offer only part of a deposition, an adverse party can require you to introduce any other part that fairness says should be considered along with it, and any party can introduce additional parts as well.
Can I play a video deposition at trial, or do I need a written transcript too?
You can offer it in nonstenographic form, but you also have to provide the court with a transcript of the portions you're using.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
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