D.C. Super. Ct. Dom. Rel. R. 32

(a) USING DEPOSITIONS.

(1) In General. At a hearing or trial, all or part of a deposition may be used against a

party on these conditions:

(A) the party was present or represented at the taking of the deposition or had

reasonable notice of it;

(B) it is used to the extent it would be admissible under the law of evidence if the

deponent were present and testifying; and

(C) the use is allowed by Rule 32(a)(2)-(9).

(2) Impeachment and Other Uses. Any party may use a deposition to contradict or

impeach the testimony given by the deponent as a witness, or for any other purpose

allowed by the law of evidence.

(3) Deposition of the Party, Agent, or Designee. An adverse party may use for any

purpose the deposition of a party or anyone who, when deposed, was the party’s officer,

director, managing agent, or designee under Rule 30(b)(6) or 31(a)(4).

(4) Unavailable Witness. A party may use for any purpose the deposition of a witness,

whether or not a party, if the court finds:

(A) that the witness is dead;

(B) that the witness is more than 25 miles from the place of hearing or trial or is

outside the United States, unless it appears that the witness’s absence was procured by

the party offering the deposition;

(C) that the witness cannot attend or testify because of age, illness, infirmity, or

imprisonment;

(D) that the party offering the deposition could not procure the witness’s attendance

by subpoena; or

(E) on motion and notice, that exceptional circumstances make it desirable--in the

interest of justice and with due regard to the importance of live testimony in open court--

to permit the deposition to be used.

(5) Limitations on Use.

(A) Deposition Taken on Short Notice. A deposition must not be used against a

party who, having received less than 14 days’ notice of the deposition, promptly moved

for a protective order under Rule 26(c)(1)(B) requesting that it not be taken or be taken

at a different time or place—and this motion was still pending when the deposition was

taken.

(B) Unavailable Deponent; Party Could Not Obtain an Attorney. A deposition taken

without leave of court under the unavailability provision of Rule 30(a)(2)(C)(ii) must not

be used against a party who shows that, when served with the notice, it could not,

despite diligent efforts, obtain an attorney to represent it at the deposition.

(6) Using Part of a Deposition. If a party offers in evidence only part of a deposition,

an adverse party may require the offeror to introduce other parts that in fairness should

be considered with the part introduced, and any party may itself introduce any other

parts.

(7) Substituting a Party. Substituting a party under Rule 25 does not affect the right to

use depositions previously taken.

(8) Deposition Taken in an Earlier Action. A deposition lawfully taken and, if required,

filed in this court or any federal- or state-court action may be used in a later action

involving the same subject matter between the same parties, or their representatives or

successors in interest, to the same extent as if taken in the later action. A deposition

previously taken may also be used as allowed by the law of evidence.

(9) Videotape Deposition of Physicians or Experts. A videotape deposition of a

treating or consulting physician or of any expert witness may be used for any purpose,

unless otherwise ordered by the court for good cause shown, even though the witness

is available to testify, if the notice of that deposition specified that it was to be taken for

use at trial.

(b) OBJECTIONS TO ADMISSIBILITY. Subject to Rules 28(b) and 32(d)(3), an

objection may be made at a hearing or trial to the admission of any deposition testimony

that would be inadmissible if the witness were present and testifying.

(c) EFFECT OF TAKING OR USING DEPOSITIONS. A party does not make a person

the party's own witness for any purpose by taking the person's deposition. The

introduction in evidence of the deposition or any part of it 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 does not apply to the use by an adverse party

of a deposition under Rule 32(a)(3). At the hearing or trial, any party may rebut any

relevant evidence contained in a deposition whether introduced by that party or by any

other party.

(d) WAIVER OF OBJECTIONS.

(1) To the Notice. An objection to an error or irregularity in a deposition notice is

waived unless promptly served in writing on the party giving the notice.

(2) To the Officer’s Qualification. An objection based on disqualification of the officer

before whom a deposition is to be taken is waived if not made:

(A) before the deposition begins; or

(B) promptly after the basis for disqualification becomes known or, with reasonable

diligence, could have been known.

(3) To the Taking of the Deposition.

(A) Objection to Competence, Relevance, or Materiality. An objection to a

deponent’s competence–or to the competence, relevance, or materiality of testimony—

is not waived by a failure to make the objection before or during the deposition, unless

the ground for it might have been corrected at that time.

(B) Objection to an Error or Irregularity. An objection to an error or irregularity at an

oral examination is waived if:

(i) it relates to the manner of taking the deposition, the form of a question or

answer, the oath or affirmation, a party’s conduct, or other matters that might have been

corrected at that time; and

(ii) it is not timely made during the deposition.

(C) Objection to a Written Question. An objection to the form of a written question

under Rule 31 is waived if not served in writing on the party submitting the question

within the time for serving responsive questions or, if the question is a recross-question,

within 7 days after being served with it.

(4) To Completing and Returning the Deposition. An objection to how the officer

transcribed the testimony—or prepared, signed, certified, sealed, endorsed, sent, or

otherwise dealt with the deposition—is waived unless a motion to suppress is made

promptly after the error or irregularity becomes known or, with reasonable diligence,

could have been known.

(e) FORM OF PRESENTATION. Unless the court orders otherwise, a party must

provide a transcript of any deposition testimony the party offers, but may provide the

court with the testimony in nontranscript form as well.