Rule 59. Using Depositions in Court Proceedings
Arizona Revised Statutes AnnotatedRules of Family Law Procedure
17B A.R.S. Rules Fam.Law Proc., Rule 59
Rule 59. Using Depositions in Court Proceedings
(3) Deponent's Availability at Trial. Subject to Rule 59(a)(1) and (2), all or part of a deposition may be used at trial regardless of the deponent's availability to testify at trial. Use of a deposition at trial does not limit, in any way, any party's right to call the deponent to testify in person.
(2) Designation. A party intending to offer deposition testimony at trial or at a hearing, for any purpose other than impeachment, must designate the portions to be offered by page and line reference and identify the party or parties against whom it will be offered. The designations must be included in any pretrial or prehearing statement required by the court.
(A) To Competence, Relevance, or Materiality. 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 that might have been obviated or removed if presented at that time.
(4) To the Officer's Completion and Return of Deposition. A party objecting to how the officer (A) transcribed the testimony, or (B) prepared, signed, certified, sealed, endorsed, delivered, or otherwise dealt with the deposition, must file a motion to suppress promptly after the error or irregularity becomes known or, with reasonable diligence, could have been known.
Credits
Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 59, AZ ST RFLP Rule 59
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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