Rule 32. Use of Depositions in Court Proceedings

Rule 32.01. 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 Tennessee 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 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 30.02(6) or 31.01 to testify on behalf of a public or private corporation, partnership or association, governmental agency or individual proprietorship 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 that the witness is “unavailable” as defined by Tennessee Rule of Evidence 804(a). But depositions of experts taken pursuant to the provisions of Rule 26.02(4) may not be used at trial except to impeach in accordance with the provisions of Rule 32.01(1).

(4) If only part of a deposition is offered in evidence by a party, an adverse party may require the introduction at that time of any other part which ought in fairness to be considered contemporaneously with it. [Amended by order filed December 10, 2003; effective July 1, 2004.]

Substitution of parties pursuant to Rule 25 does not affect the right to use depositions previously taken. When an action in any court of Tennessee, of the United States, or of any other state has been dismissed and an action involving the same subject matter is afterwards brought, all depositions lawfully taken in the former action may be used in the latter against any party who has both an opportunity and similar motive to develop the testimony at the prior deposition by direct, cross, or redirect examination. A deposition previously taken may also be used as permitted by the Tennessee Rules of Evidence.

[As amended July 1, 1979, and by orders entered January 23, 1986, effective August 1, 1986, January 29, 1987, effective August 1, 1987, and January 26, 1990, effective July 9, 1990 and by order filed December 29, 2005, effective July 1, 2006.]

Click here for Advisory Commission Comments to Rules 32.01-32.04.


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