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NRCP Rule 32
RULE 32. USE
OF DEPOSITIONS IN COURT PROCEEDINGS
(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 deponent as a witness,
or for any other purpose permitted by the Nevada Rules of Evidence, NRS
Chapters 47‑56.
(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 State, 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 in 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 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 Nevada Rules of Evidence, NRS Chapters 47‑56.
(b) Objections to Admissibility. Subject to the
provisions of Rule 28(b) and subdivision (d)(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.
(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
subdivision (a)(2) of this rule. 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 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, indorsed, 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.
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