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
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