Ohio Civ.R. 32

(A) Use of depositions

Every deposition intended to be presented as evidence must be filed at least one day before

the day of trial or hearing unless for good cause shown the court permits a later filing.

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 one 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)(5) or Rule 31(A) to testify on behalf of a

public or private corporation, partnership or a ssociation 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 beyond the subpoena power of the court in which the

action is pending or resides outside of the county in which the action is

pending 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, sickness, 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) that the witness is an attending physician

or medical expert, although residing within the county in which the action

is heard; or (f) that the oral examination of a witness is not required; or (g)

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 him to introduce all of i t 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. When another action involving the same subject matter is or has been

brought between the same parties or their representatives or successors in inte rest, all

depositions lawfully taken in the one action may be used in the other as if originally taken

therefor.

(B) Objections to admissibility

Subject to the provisions of 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.

Upon the motion of a party, or upon its own initiative, the court shall decide such objections

before the deposition is read in evidence.

(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 as described in subdivision (A)(2) of this rule. The use of subdivision

(A)(3)(e) of this rule does not preclude any party from calling such a witness to appear

personally at the trial nor does it preclude the taking and use of any deposition otherwise

provided by law. At the trial or hearing any party may rebut any relevant evidence

contained in a deposition whether introduced by him 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 stating the grounds therefor, 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, o r cured if promptly presented, are waived unless

reasonable 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 seven 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, sealed, indorsed, transmitted, filed, or

otherwise dealt with by the officer under Rule 30 and Rule 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.