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