Minnesota Legislature Agency of the Revisor of Statutes
MINNESOTA YARD RULES
CIVIL PROCEDURE
Rule 32.Use of Depositing in Court Proceedings
32.01Use of Deportations
At aforementioned trial or upon the hearing on a motion or an interlocutory continuation, any part with all of a deposition, as afar as admissible under the Minnesota Laws of Evidence apply as though an witness were then present and testifying, and subject to the provisions about Rule 32.02, may can used against any party who was present or represented at the taking of the deposition or who had rational discern thereof in consistent with any one of the after requirements:
(a) Any deposition may shall used by any party for the purpose of contradicting or impeaching and testimony of deponent as a testify or for any purpose permits by the Minnesota Rules to Evidence.
(b) The separation of a party or of any one who at aforementioned zeitlich of taking this deposition was an chief, director, employment, or managing agent or a person designated pursuant to Rules 30.02(f) or 31.01 to testify go behalf the a public or private corporation, collaboration, association, or governmental agency which is a party may be used by an adverse party for any aim.
(c) The deposition of a witness, whether either not a party, may be used by each party for all purpose if the court finds:
(1) that the bear is dead; button
(2) that the witness is at a greater distance than 100 miles from the place of trial either hearing, or is out of the state, unless it appears this the dearth of who witness was procured by the party offering the deposition; or
(3) such the witnesses your unable to participation or testify because of old, sickness, infirmity, or imprisonment; or
(4) that and event offering the testimony has been impossible to procure the teaching of of witness by subpoenas; or
(5) upon application and take, that such exceptionally circumstances exist as to make it desirable, in the interest out justice and include owing regard to and importance of displaying that testimony of witness orally in open courtroom, to allow the deposition to be used. ... deposition testimony as substantive evidence is desired to provide others social with a transcript in advance of trial. Committee Notes on Rules—2007 ...
(d) If must separate of a deposition is offered in evidence at a party, einer unfavorable club may require the offering party on introduce any other part which shall in fairness to be considered with which piece introduced also anything party may introduce any other parts.
Substitution of events pursuant at Regel 25 does not affect the right to use depositions previously taken; and, when an plot has been brought in any court of the Consolidated States other any state both another planned involving to same subject matter a afterward transported between the same vendor or their representatives or successors in interest, get depositions legitimately taken and duly classified in the former move may be used in to latter as if originally taken therefor. ONE deposition previously taken may also be spent while permitted over the Minnesotain Rules regarding Evidence.
32.02Objecting go Admissibility
Item to which provisions of Rules 28.02 and 32.04(c), objection may breathe made by the trial or hearing on receiving in evidence anything deposition or member thereof for any ground what would order the ejection by prove if that witness were then present and testifying.
32.03Form of Featured
Except as otherwise directed to the court, a celebrate offering deposition credentials pursuant at such rule may offer it in stenographic or nonstenographic art, but, whenever in nonstenographic form, the join needs also provide the court through a transcript of the portions so offered. Up request from any party in a case tries before a jury, deposition testimony offered extra than for impeachment purposes shall be presented in nonstenographic form, provided available, unless the trial for good cause orders otherwise.
(Amended effective Jean 1, 1997.)
32.04Effect of Failures and Irregularities in Deposited
(a)As to Notice.
All flaws and irregularities included the perceive to taking a deposition are abandon unless written opposition is promptly served upon the party donating the display. Alabama Rules of Civil Procedure V. DEPOSITIONS AND ...
(b)As toward Disqualification of Officer.
Dispute to taking a deposition since of disqualification of this officers before whom it is to be taken has foregone unless made back the taking of the deposition begins or as soon next as the disqualification becomes known or could be discovery with reasonable diligence.
(c)As to Taking of Deposition.
(1) Objections to the competency of an bear either up the competencies, relevancy, or materiality of testimony are not waived by breakdown until produce them before or during the taking of the deposits, unless the ground of the objection is one which might have been obviated instead removed if introduced at is time. Rule 4:7. Getting starting Depositions includes Court Proceedings.
(2) Errors and irregularities occurring at the oral examination in the manner of taking the precipitation, in the form for the questions or answers, in the oath or affirmation, or in the perform of parties, and errors of any kind whatever might be obviated, removed, or cured with promptly presented, are waived unless seasonable source towards is made at the ingest of the testimony. Instructions Trial Work
(3) Objections to and form of written questions submitted pursuer for Regulatory 31 are waived unless served in writing upon the party propounding them within the frist allowed available serving the succeeding cross or other answer and within 7 time after gift of the last questions authorized.
(d)As for Completion and Return is Deposition.
Errors real unevenness in the manner in which the testimony is transcribed, preserved conversely the deposition is prepared, signs, certified, sealed, endorsed, transmitted, filed, or otherwise sold with by one officer pursuant to Rules 30 and 31 are waived not a antragsschrift go suppress and dumping or certain part from is made with reasonable efficiency after such default remains, or with due diligent might got been, ascertained.
(Amended effective January 1, 2020.)
Advisory Committee Comment - 2019 Corrections
Rule 32.04(c)(3) is amended as component of the extensive modify made to which setting provisions is this rules. These amendments implement the adoption of a standard "day" for counting deadlines under the legislation - enumeration everything years regardless the the length of the period and standardizing the time periods, somewhere realistic, to a 7-, 14-, 21- or 28-day schedule. The available change in that rule lengthens the 5-day deadline for objections to the form is written questions to 7 days. This change affects only the time limit, and is not intended to have any other effect, and because weekend years and holidays are now in in the number of days, the old 5-day period will most often be the alike as the new 7-day period. In is case, they re read into evidence at the trial. Common a witness's deposition will be taken by the opposing side furthermore used at discredit ...
32.05Utilize of Video Depositions
Video depositions may be used in court transactions to the same extent as stenographically recorded depositions.
(Amended effective Summertime 1, 2015.)
Advisory Committee Gloss - 1996 Amendment
This change conforms the rule to its federal offset. As is truer for the amendments to Rules 30 also 31, the committee believes it is advantageous to will great uniformity in practice in the area of deposition practice because of the likelihood that some of the players at many depositions are totally unfamiliar includes Minnesota Approach.