1. (1) Pursuant to the other provisions of Section R151-4-609, a part of a deposition, if admissible under the Utah Rules of Evidence applied as though the witness were present and testifying, may be used against a party who:

   1. (a) was present or represented at the taking of the deposition; or
   2. (b) had reasonable notice of the deposition.

2. (2) A party may use a deposition:

   1. (a) to contradict or impeach the testimony of the deponent as a witness; or
   2. (b) for another purpose permitted by the Utah Rules of Evidence.
3. (3) An adverse party may use a deposition for any purpose.

4. (4) A party may use the deposition of a witness, whether or not a party, for any purpose if the presiding officer finds that:

   1. (a) the witness is dead;
   2. (b) the witness is more than 100 miles from the hearing, unless it appears the absence of the witness was procured by the party offering the deposition;
   3. (c) the witness cannot attend or testify because of age, illness, infirmity, or imprisonment; or
   4. (d) the party offering the deposition has been unable to procure the attendance of the witness by subpoena.
5. (5) If part of a deposition is offered in evidence by a party, an adverse party may require introduction of any other part that ought, in fairness, to be considered with the part introduced.
6. (6) A deposition lawfully taken and filed in a court or another agency within Utah may be used as if originally taken in the pending proceeding.
7. (7) A deposition previously taken may otherwise be used as permitted by the Utah Rules of Evidence.

KEY: administrative procedures, adjudicative proceedings, government hearings

Date of Last Change: January 10, 2024

Notice of Continuation: June 10, 2025

Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)