MINNESOTA COURT RULES - 32 - Use of Depositions in Court Proceedings

Aug 24, 2026

Minnesota Court Rules, Civil Procedure Rule 32, addresses when and how depositions may be used in court proceedings. It explains admissibility under the Minnesota Rules of Evidence, including use for impeachment, corporate party depositions, and deposition use when a witness is unavailable due to death, distance, illness, imprisonment, subpoena failure, or exceptional circumstances. It also sets standards for admissibility objections, presentation format, and waiver or preservation of errors and irregularities affecting notice, officer disqualification, taking procedures, and transcription, preservation, or return of depositions.

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Rule 32. Use of Depositions in Court Proceedings

32.01 Use of Depositions

32.02 Objections to Admissibility

32.03 Form of Presentation

32.04 Effect of Errors and Irregularities in Depositions

MINNESOTA COURT RULES 1 CIVIL PROCEDURE Rule 32. Use of Depositions in Court Proceedings 32.01 Use of Depositions At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the Minnesota Rules of Evidence applied as though the witness were then present and testifying, and subject to the provisions of Rule 32.02, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof in accordance with any one of the following provisions: (a) Any deposition maybe used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness or for any purpose permitted by the Minnesota Rules of Evidence. (b) The deposition of a party or of any one who at the time of taking the deposition was an officer, director, employee, or managing agent or a person designated pursuant to Rules 30.02(f) or 31.01 to testify on behalf of a public or private corporation, partnership, association, or governmental agency which is a party may be used by an adverse party for any purpose. (c) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (1) that the witness is dead; or (2) that the witness is at a greater distance than 100 miles from the place of trial or hearing, or is out ofthe state, unless it appears that the absence of the witness was procured by the party offering the deposition; or (3) that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or (4) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (5) 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 witness orally in open court, to allow the deposition to be used. (d) If only part ofa deposition is offered in evidence by a party, an adverse party may require the offering party to introduce any other part which ought in fairness to be considered with the part introduced and any party may introduce any other parts. Substitution of parties pursuant to Rule 25 does not affect the right to use depositions previously taken; and, when an action has been brought in any court of the United States or any state and another action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor. A deposition previously taken may also be used as permitted by the Minnesota Rules of Evidence. 32.02 Objections to Admissibility Subject to the provisions of Rules 28.02 and 32.04(c), 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 evidence if the witness were then present and testifying. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. MINNESOTA COURT RULES CIVIL PROCEDURE 2 32.03 Form of Presentation Except as otherwise directed by the court, a party offering deposition testimony pursuant to this rule may offer it in stenographic or nonstenographic form, but, if in nonstenographic form, the party shall also provide the court with a transcript of the portions so offered. On request of any party ina case tried before a jury, deposition testimony offered other than for impeachment purposes shall be presented in nonstenographic form, if available, unless the court for good cause orders otherwise. (Amended effective January 1, 1997.) Advisory Committee Comment-1996 Amendment This change conforms the rule to itsfederal counterpart. As is truefor the amendments to

FAQs

When may deposition testimony be used against a party in Minnesota court proceedings?

Any part or all of a deposition that is admissible under the Minnesota Rules of Evidence may be used against a party present or represented at the taking, or with reasonable notice, subject to Rule 32.02.

What situations allow a deposition to be used when a witness is unavailable?

The court may allow use if the witness is dead; more than 100 miles away or out of state; unable to attend due to age, sickness, infirmity, or imprisonment; cannot be procured by subpoena; or exceptional circumstances exist making it desirable in the interest of justice.

How do errors and irregularities in depositions get waived or preserved?

Errors and irregularities are generally waived unless written objection is promptly served (for notice) or made before taking begins or as soon as the disqualification is known (for officer disqualification). Other competency, relevancy, and related objections are handled under Rule 32.04(c), and certain objections to form and conduct must be timely made during the deposition process.

Aug 24, 2026

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