R151-4-609. Use of Depositions

(1) Under the other provisions of Section R151-4-609, a part of a deposition, if admissible under Rules 401 through 417 of the Utah Rules of Evidence applied as though the witness were present and testifying, may be used against a party who: (a) was present or represented at the taking of the deposition; or (b) had reasonable notice of the deposition. (2) A party may use a deposition: (a) to contradict or impeach the testimony of the deponent as a witness; or (b) for another purpose permitted by the Utah Rules of Evidence. (3) An adverse party may use a deposition for any purpose. (4) A party may use the deposition of a witness, whether or not a party, for any purpose if the presiding officer finds that: (a) the witness is dead; (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; (c) the witness cannot attend or testify because of age, illness, infirmity, or imprisonment; or (d) the party offering the deposition has been unable to procure the attendance of the witness by subpoena. (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) 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) A deposition previously taken may otherwise be used as permitted by Rules 401 through 417 of the Utah Rules of Evidence.