Utah Admin. Code R151-4-609 - Use of Depositions

(1) Pursuant to the other provisions of Section R151-4-609, a part of a deposition, if admissible under the Utah Rules of Evidence applied as though the witness were present and testifying, may be used against a party who:
(a) was present or represented at the taking of the deposition; or
(b) had reasonable notice of the deposition.
(2) A party may use a deposition:
(a) to contradict or impeach the testimony of the deponent as a witness; or
(b) for another purpose permitted by the Utah Rules of Evidence.
(3) An adverse party may use a deposition for any purpose.
(4) A party may use the deposition of a witness, whether or not a party, for any purpose if the presiding officer finds that:
(a) the witness is dead;
(b) the witness is more than 100 miles from the hearing, unless it appears the absence of the witness was procured by the party offering the deposition;
(c) the witness cannot attend or testify because of age, illness, infirmity, or imprisonment; or
(d) the party offering the deposition has been unable to procure the attendance of the witness by subpoena.
(5) If part of a deposition is offered in evidence by a party, an adverse party may require introduction of any other part that ought, in fairness, to be considered with the part introduced.
(6) A deposition lawfully taken and filed in a court or another agency within Utah may be used as if originally taken in the pending proceeding.
(7) A deposition previously taken may otherwise be used as permitted by the Utah Rules of Evidence.

Notes

Utah Admin. Code R151-4-609
Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021 Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022 Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024

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