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
reasonable notice of the deposition.
A party may use a deposition:
(a) to contradict or impeach the testimony of
the deponent as a witness; or
for another purpose permitted by the Utah Rules of Evidence.
(3) An adverse party may use a
deposition for any purpose.
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;
the witness cannot attend or testify because of age, illness, infirmity, or
(d) the party
offering the deposition has been unable to procure the attendance of the
witness by subpoena.
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
deposition previously taken may otherwise be used as permitted by the Utah
Rules of Evidence.