231 Pa. Code r. 4020 - Use of Depositions at Trial
(a) At the trial, any part or all of a
deposition, so far as admissible under the rules of evidence, may be used
against any party who was present or represented at the taking of the
deposition or who had notice thereof if required, in accordance with any one 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 as permitted by the Pennsylvania Rules
of Evidence.
(2) The deposition of
a party or of any one who at the time of taking the deposition was an officer,
director, or managing agent of a party or a person designated under Rule
4004(a)(2) or 4007.1(e) 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 one hundred miles from the place of trial or is outside the Commonwealth,
unless it appears that the absence of the witness was procured by the party
offering the deposition, or that the witness is unable to attend or testify
because of age, sickness, infirmity or imprisonment, or that the party offering
the deposition has been unable to procure the attendance of the witness by
subpoena, or 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, any other party may require the offering party to
introduce all of it which is relevant to the part introduced, and any party may
introduce any other parts.
(5) A
deposition upon oral examination of a medical witness, other than a party, may
be used at trial for any purpose whether or not the witness is available to
testify.
(b) Substitution
of parties does not affect the right to use depositions previously taken; and,
when an action has been dismissed and another action involving the same subject
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 therein. A deposition previously
taken may also be used as permitted by the Pennsylvania Rules of
Evidence.
(c) Subject to the
provisions of Rule 4016(b), 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.
(d) A party shall not
be deemed to make a person his or her own witness for any purpose by taking the
person's 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 of an adverse party of a
deposition as described in 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 that party or by any other party.
Notes
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