Del. Ch. Ct. R. 32

(a) 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 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 party or of anyone 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.

(3) The deposition of a witness, whether or not a

party, may be used by any party for any purpose if the

Court finds: (A) That the witness is dead; or (B) that the

witness is out of the State of Delaware, unless it

appears that the absence of the witness was procured

by the party offering the deposition; or (C) that the

witness is unable to attend or testify because of age,

illness, infirmity, or imprisonment; or (D) that the party

offering the deposition has been unable to procure the

attendance of the witness by subpoena; or (E) 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 witnesses

orally in open court, to allow the deposition to be used.

A deposition taken without leave of court pursuant

to a notice under Rule 30(b)(2) shall not be used

against a party who demonstrates that, when served

with the notice, it was unable through the exercise

of diligence to obtain counsel to represent it at the

taking of the deposition; nor shall a deposition be

used against a party who, having received less than

11 days notice of a deposition, has promptly upon

receiving such notice filed a motion for a protective

order under Rule 26(c)(2) requesting that the

deposition not be held or be held at a different time

or place and such motion is pending at the time the

deposition is held.

(4) If only part of a deposition is offered in evidence by

a party, an adverse party may require the offer or 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 in any court of the United

States or of any state has been dismissed and

another action involving the same subject matter if

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 Rule 28(b) and paragraph (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 the party’s own witness for any

purpose by taking the person’s 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 paragraph

(a)(2) of this rule. At the trial or hearing any party may

rebut any relevant evidence contained in a deposition

whether introduced by that party or by any other party.

(d) Effect of Errors and Irregularities in

Depositions.

(1) As to Notice. All errors and irregularities in the

notice for taking a deposition are waived unless written

objection is promptly served upon the party giving the

notice.

(2) As to Disqualification of Officer. Objection to

taking a deposition because of disqualification of the

officer before whom it is to be taken is waived unless

made before the taking of the deposition begins or as

soon thereafter as the disqualification becomes known

or could be discovered with reasonable diligence.

(3) As to Taking of Deposition.

(A) Objections to the competency of a witness or to

the competency, relevancy, or materiality of

testimony are not waived by failure to make them

before or during the taking of the deposition, unless

the ground of the objection is one which might have

been obviated or removed if presented at that time.

(B) Errors and irregularities occurring at the oral

examination in the manner of taking the deposition,

in the form of the questions or answers, in the oath

or affirmation, or in the conduct of parties, and

errors of any kind which might be obviated,

removed, or cured if promptly presented, are waived

unless seasonable objection thereto is made at the

taking of the deposition.

(C) Objections to the form of written questions

submitted under Rule 31 are waived unless served

in writing upon the party propounding them within

the time allowed for serving the succeeding cross or

other questions and within 5 days after service of the

last questions authorized.

(4) As to Completion and Return of Depositions. Error

and irregularities in the manner in which the testimony

is transcribed or the deposition is prepared, signed,

certified, sealed, indorsed, transmitted, filed, or

otherwise dealt with by the officer under Rules 30

and 31 are waived unless a motion to suppress the

deposition or some part thereof is made with reasonable

promptness after such defect is, or with due diligence

might have been, ascertained.

(e) 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.