Supplement to Materials in Impeachment and Rehabilitation - Rule 32 - North Carolina Rules of Civil Procedure

Aug 24, 2026

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The document provides a legal rule supplement addressing how depositions may be used in North Carolina civil proceedings, including trials and hearings on motions or before referees. It sets out when depositions can be used for contradiction or impeachment, as substantive evidence by adverse parties, and for particular categories of deponents, including parties and corporate representatives. It also details objections to admissibility, the effects of taking or using depositions, and waiver rules for errors and irregularities.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages2

Reading Time5 min

AccessFree to download

Rule 32

Use of Depositions in Court Proceedings

Objections to Admissibility

Effect of Taking or Using Depositions

Effect of Errors and Irregularities in Depositions

SUPPLEMENT TO MATERIALS IN IMPEACHMENT AND REHABILITATION Rule 32 North Carolina Rules of Civil Procedure Use of Depositions in Court Proceedings (a) Use of depositions.– At the trial or upon the hearing of a motion or an interlocutory proceeding or upon a hearing before a referee, any part or all of a deposition, so far as admissible under the rules of evidence applied as though the witness were then present and testifying, 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 of the following provisions: (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness. (2) The deposition of a person called as a witness may also be used as substantive evidence by any party adverse to the party who called the deponent as a witness and it may be used by the party calling deponent as a witness as substantive evidence of such facts stated in the deposition as are in conflict with or inconsistent with the testimony of deponent as a witness. (3) The deposition of a party or of any one who at the time of taking the deposition was an officer, director, or managing agent, or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a public or private corporation, partnership or association or governmental agency which is a party may be used by an adverse party for any purpose, whether or not the deponent testifies at the trial or hearing. (4) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: that the witness is dead; or that the witness is at a greater distance than 100 miles from the place of trial or hearing, or is out of the United States, unless it appears that the absence of the witness was procured by the party offering the deposition; or that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or 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 testimony of witnesses orally in open court, to allow the deposition to be used; or the witness is an expert witness whose testimony has been procured by videotape as provided for under Rule 30(b)(4) . (5) If only part of a deposition is offered in evidence by a party, an adverse party may require him to introduce any other part which is relevant to 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 in any court of the United States or of any state has been dismissed 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. (b) Objections to admissibility.– Subject to the provisions of Rules 28(b) and subsection (d)(3) of this rule, 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 the evidence if the witness were then present and testifying. (c) Effect of taking or using depositions.– A party does not make a person his own witness for any purpose by taking his deposition. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition under subsection (a)(2) or (a)(3) of

FAQs

When can depositions be used in court proceedings under Rule 32?

Depositions may be used at trial or during hearings on motions, interlocutory proceedings, or before a referee, to the extent admissible under evidence rules as if the witness were present and testifying.

How may depositions be used to contradict or impeach a witness?

Any deposition may be used by any party to contradict or impeach the deponent’s testimony as a witness.

Are objections to issues in taking depositions waived?

Yes. Errors in notice and certain objections are waived unless written objections are served promptly, and objections to procedural or competency matters are waived unless raised at the taking or within specified time requirements.

Aug 24, 2026

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