M.R. Civ. P. 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 due 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 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 (C) that the

witness is unable to attend or testify because of age, illness, infirmity, or

imprisonment, or a conflicting commitment that could not be broken or

scheduled at another time without subjecting the witness or others to legally

enforceable sanctions or significant risk of physical detriment; 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.

(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 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 Rule 28(b)

and subdivision (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) Transcript. Regardless of the method by which a deposition was

recorded or is to be used in court proceedings, a party using a deposition in

court proceedings under this rule shall provide to the court an accurate written

transcript of the deposition.

(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 Deposition. Errors and

irregularities in the manner in which the testimony is transcribed or the

deposition is prepared, signed, certified, indorsed, transmitted, 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.