Del. Super. Ct. Civ. R. 32

(a) Use of depositions. At the trial or upon 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 a deponent as a witness, or for other purposes permitted by the Delaware Uniform Rules

of Evidence.

(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

offeror 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 of 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 Delaware Uniform Rules of Evidence.

(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. [Repealed.]

(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, 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. Errors 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.