Title 9, Chapter 11, Section 32
(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
(1) Any deposition may be used by any party for the purpose of
contradicting or impeaching the testimony of the deponent as a
(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 paragraph (6) of subsection (b) of Code Section 9-11-30 or subsection (a) of Code Section 9-11-31 to testify on behalf of a public or private corporation, a partnership or association, or a 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;
(B) That the witness is out of the county, unless it appears
that the absence of the witness was procured by a party offering
(C) That the witness is unable to attend or testify because of
age, illness, infirmity, or imprisonment;
(D) That the party offering the deposition has been unable to
procure the attendance of the witness by subpoena;
(E) That because of the nature of the business or occupation of
the witness it is not possible to secure his personal attendance
without manifest inconvenience to the public or third persons;
(F) That the witness will be a member of the General Assembly
and that the session of the General Assembly will conflict with
the session of the court in which the case is to be tried;
(4) The deposition of a witness, whether or not a party, taken
upon oral examination, may be used in the discretion of the trial
judge, even though the witness is available to testify in person
at the trial. The use of the deposition shall not be a ground for
excluding the witness from testifying orally in open court; or
(5) 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 does not affect
the right to use depositions previously taken; and, when an action
in any court of the United States or of any state has been
dismissed 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.
(b) Objections to admissibility. Subject to paragraph (3) of
subsection (d) of this Code section, 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.
(c) Effect of taking or using depositions. 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 under paragraph (2) of subsection (a) of this Code
section. 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 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
(C) Objections to the form of written questions submitted under Code Section 9-11-31 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 five 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 Code Sections 9-11-30 and 9-11-31 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.