60-232.Use of depositions in court proceedings.(a) Use of deposition. At the trial or upon the hearing of a motionor an interlocutory proceeding, any part or all of a deposition, so far asadmissible under the rules of evidence applied as though the witness werethen present and testifying, may be used against any party who was presentor represented at the taking of the deposition or who had reasonable noticethereof, in accordance with any of the following provisions:
(1) Any deposition may be used by any party for the purpose ofcontradicting or impeaching the testimony of deponent as a witness.
(2) The deposition of a party or of any one who at the time of takingthe deposition was an officer, director, or managing agent, or a persondesignated under K.S.A. 60-230 or 60-231, and amendments thereto, totestify on behalf ofa public or private corporation, partnership or association or governmentalagency 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 byany party for any purpose if the court finds that:
(A) The witness is dead;
(B) the witness is at a greaterdistance than 100 miles from the place of trial or hearing, or is out ofthe state of Kansas, unless it appears that the absence of the witness wasprocured by the party offering the deposition;
(C) the witness isunable to attend or testify because of age, illness, infirmity, orimprisonment;
(D) the party offering the deposition has been unableto procure the attendance of the witness by subpoena; or
(E) uponapplication and notice, such exceptional circumstances exist as tomake it desirable, in the interest of justice and with due regard to theimportance of presenting the testimony of witnesses orally in open court,to allow the deposition to be used.
A deposition taken without leave of court pursuant to a notice undersubsection (a)(2)(B) or (a)(2)(C)(ii) of K.S.A. 60-230 and amendments thereto,shall not be used against a party who demonstrates that, when served with thenotice, the party was unable through the exercise of diligence to obtaincounsel torepresent such party at the taking of the deposition.
(4) If only part of a deposition is offered in evidence by a party, anadverse party may require the party to introduce any other partwhich ought infairness to be considered with the part introduced, and any party mayintroduce any other parts. Substitution of parties pursuant to K.S.A.60-225 and amendments thereto does not affect the right to usedepositions previously taken; and,when an action has been brought in any court of the United States or of anystate and another action involving the same subject matter is afterwardbrought between the same parties or their representatives or successors ininterest, all depositions lawfully taken in the formeraction may be used in the latter as if originally taken therefor.
(b) Objections to admissibility. Subject to the provisions of subsection(b) of K.S.A. 60-228 and amendments theretoand subsection (e)(3), objection may bemade at the trial or hearing to receiving in evidence any deposition orpart thereof for any reason which would require the exclusion of theevidence if the witness were then present and testifying.
(c) Form of presentation. Except as otherwise directed by the court, aparty offering deposition testimony under this section may offer it instenographic or nonstenographic form, but, if in nonstenographic form, theparty shall also provide the court and opposing parties with a transcript ofthe entire deposition from which the portions offered were taken. On request ofany party in a case tried before a jury, deposition testimony offered otherthan for impeachment purposes shall be presented in nonstenographic form, ifavailable, unless the court for good cause orders otherwise.
(d) Effect of taking or using depositions. A party does not make aperson the party's own witness for any purpose by taking the person'sdeposition. Theintroduction in evidence of the deposition or any part thereof for anypurpose other than that of contradicting or impeaching the deponent makesthe deponent the witness of the party introducing the deposition but thisshall not apply to the use by an adverse party of a deposition undersubsection (a)(2). At the trial or hearing any party mayrebut any relevant evidence contained in a deposition whether introducedby the party or by any other party.
(e) Effect of errors and irregularities in depositions. (1)As to notice. All errors and irregularities in the notice fortaking a deposition are waived unless written objection is promptly servedupon the party giving the notice.
(2) As to disqualification of officer. Objection to taking adeposition because of disqualification of the officer before whom it is tobe taken is waived unless made before the taking of the deposition beginsor as soon thereafter as the disqualification becomes known or could bediscovered with reasonable diligence.
(3) As to taking of deposition. (A) Objections to the competencyof a witness or to the competency,relevancy or materiality of testimony are not waived by failure to makethem before or during the taking of the deposition, unless the ground ofthe objection is one which might have been obviated or removed if presentedat that time.
(B) Errors and irregularities occurring at the oral examination in themanner 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 anykind which might be obviated, removed or cured if promptly presented, arewaived unless seasonable objection thereto is made at the taking of thedeposition.
(C) Objections to the form of written questions submitted under K.S.A.60-231 and amendments thereto are waived unless served in writing upon thepartypropounding them within the time allowed for serving the succeeding crossor other questions and within five days after service of the last questionsauthorized.
(4) As to completion and return of deposition. Errors andirregularities in the manner in which the testimony is transcribed or thedeposition is prepared, signed, certified, sealed, indorsed, transmitted,filed, delivered or otherwise dealt with by the officer under K.S.A.60-230 or 60-231, and amendments thereto, are waived unless a motion tosuppress the deposition orsome part thereof is made with reasonable promptness after such defect is,or with due diligence might have been, ascertained.
History: L. 1963, ch. 303, 60-232; amended by SupremeCourt order dated July 20, 1972;L. 1987, ch. 218, § 4;L. 1997, ch. 173, § 15; July 1.
60-232.Use of depositions in court proceedings.(a) Use of deposition. At the trial or upon the hearing of a motionor an interlocutory proceeding, any part or all of a deposition, so far asadmissible under the rules of evidence applied as though the witness werethen present and testifying, may be used against any party who was presentor represented at the taking of the deposition or who had reasonable noticethereof, in accordance with any of the following provisions:
(1) Any deposition may be used by any party for the purpose ofcontradicting or impeaching the testimony of deponent as a witness.
(2) The deposition of a party or of any one who at the time of takingthe deposition was an officer, director, or managing agent, or a persondesignated under K.S.A. 60-230 or 60-231, and amendments thereto, totestify on behalf ofa public or private corporation, partnership or association or governmentalagency 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 byany party for any purpose if the court finds that:
(A) The witness is dead;
(B) the witness is at a greaterdistance than 100 miles from the place of trial or hearing, or is out ofthe state of Kansas, unless it appears that the absence of the witness wasprocured by the party offering the deposition;
(C) the witness isunable to attend or testify because of age, illness, infirmity, orimprisonment;
(D) the party offering the deposition has been unableto procure the attendance of the witness by subpoena; or
(E) uponapplication and notice, such exceptional circumstances exist as tomake it desirable, in the interest of justice and with due regard to theimportance of presenting the testimony of witnesses orally in open court,to allow the deposition to be used.
A deposition taken without leave of court pursuant to a notice undersubsection (a)(2)(B) or (a)(2)(C)(ii) of K.S.A. 60-230 and amendments thereto,shall not be used against a party who demonstrates that, when served with thenotice, the party was unable through the exercise of diligence to obtaincounsel torepresent such party at the taking of the deposition.
(4) If only part of a deposition is offered in evidence by a party, anadverse party may require the party to introduce any other partwhich ought infairness to be considered with the part introduced, and any party mayintroduce any other parts. Substitution of parties pursuant to K.S.A.60-225 and amendments thereto does not affect the right to usedepositions previously taken; and,when an action has been brought in any court of the United States or of anystate and another action involving the same subject matter is afterwardbrought between the same parties or their representatives or successors ininterest, all depositions lawfully taken in the formeraction may be used in the latter as if originally taken therefor.
(b) Objections to admissibility. Subject to the provisions of subsection(b) of K.S.A. 60-228 and amendments theretoand subsection (e)(3), objection may bemade at the trial or hearing to receiving in evidence any deposition orpart thereof for any reason which would require the exclusion of theevidence if the witness were then present and testifying.
(c) Form of presentation. Except as otherwise directed by the court, aparty offering deposition testimony under this section may offer it instenographic or nonstenographic form, but, if in nonstenographic form, theparty shall also provide the court and opposing parties with a transcript ofthe entire deposition from which the portions offered were taken. On request ofany party in a case tried before a jury, deposition testimony offered otherthan for impeachment purposes shall be presented in nonstenographic form, ifavailable, unless the court for good cause orders otherwise.
(d) Effect of taking or using depositions. A party does not make aperson the party's own witness for any purpose by taking the person'sdeposition. Theintroduction in evidence of the deposition or any part thereof for anypurpose other than that of contradicting or impeaching the deponent makesthe deponent the witness of the party introducing the deposition but thisshall not apply to the use by an adverse party of a deposition undersubsection (a)(2). At the trial or hearing any party mayrebut any relevant evidence contained in a deposition whether introducedby the party or by any other party.
(e) Effect of errors and irregularities in depositions. (1)As to notice. All errors and irregularities in the notice fortaking a deposition are waived unless written objection is promptly servedupon the party giving the notice.
(2) As to disqualification of officer. Objection to taking adeposition because of disqualification of the officer before whom it is tobe taken is waived unless made before the taking of the deposition beginsor as soon thereafter as the disqualification becomes known or could bediscovered with reasonable diligence.
(3) As to taking of deposition. (A) Objections to the competencyof a witness or to the competency,relevancy or materiality of testimony are not waived by failure to makethem before or during the taking of the deposition, unless the ground ofthe objection is one which might have been obviated or removed if presentedat that time.
(B) Errors and irregularities occurring at the oral examination in themanner 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 anykind which might be obviated, removed or cured if promptly presented, arewaived unless seasonable objection thereto is made at the taking of thedeposition.
(C) Objections to the form of written questions submitted under K.S.A.60-231 and amendments thereto are waived unless served in writing upon thepartypropounding them within the time allowed for serving the succeeding crossor other questions and within five days after service of the last questionsauthorized.
(4) As to completion and return of deposition. Errors andirregularities in the manner in which the testimony is transcribed or thedeposition is prepared, signed, certified, sealed, indorsed, transmitted,filed, delivered or otherwise dealt with by the officer under K.S.A.60-230 or 60-231, and amendments thereto, are waived unless a motion tosuppress the deposition orsome part thereof is made with reasonable promptness after such defect is,or with due diligence might have been, ascertained.
History: L. 1963, ch. 303, 60-232; amended by SupremeCourt order dated July 20, 1972;L. 1987, ch. 218, § 4;L. 1997, ch. 173, § 15; July 1.
60-232.Use of depositions in court proceedings.(a) Use of deposition. At the trial or upon the hearing of a motionor an interlocutory proceeding, any part or all of a deposition, so far asadmissible under the rules of evidence applied as though the witness werethen present and testifying, may be used against any party who was presentor represented at the taking of the deposition or who had reasonable noticethereof, in accordance with any of the following provisions:
(1) Any deposition may be used by any party for the purpose ofcontradicting or impeaching the testimony of deponent as a witness.
(2) The deposition of a party or of any one who at the time of takingthe deposition was an officer, director, or managing agent, or a persondesignated under K.S.A. 60-230 or 60-231, and amendments thereto, totestify on behalf ofa public or private corporation, partnership or association or governmentalagency 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 byany party for any purpose if the court finds that:
(A) The witness is dead;
(B) the witness is at a greaterdistance than 100 miles from the place of trial or hearing, or is out ofthe state of Kansas, unless it appears that the absence of the witness wasprocured by the party offering the deposition;
(C) the witness isunable to attend or testify because of age, illness, infirmity, orimprisonment;
(D) the party offering the deposition has been unableto procure the attendance of the witness by subpoena; or
(E) uponapplication and notice, such exceptional circumstances exist as tomake it desirable, in the interest of justice and with due regard to theimportance of presenting the testimony of witnesses orally in open court,to allow the deposition to be used.
A deposition taken without leave of court pursuant to a notice undersubsection (a)(2)(B) or (a)(2)(C)(ii) of K.S.A. 60-230 and amendments thereto,shall not be used against a party who demonstrates that, when served with thenotice, the party was unable through the exercise of diligence to obtaincounsel torepresent such party at the taking of the deposition.
(4) If only part of a deposition is offered in evidence by a party, anadverse party may require the party to introduce any other partwhich ought infairness to be considered with the part introduced, and any party mayintroduce any other parts. Substitution of parties pursuant to K.S.A.60-225 and amendments thereto does not affect the right to usedepositions previously taken; and,when an action has been brought in any court of the United States or of anystate and another action involving the same subject matter is afterwardbrought between the same parties or their representatives or successors ininterest, all depositions lawfully taken in the formeraction may be used in the latter as if originally taken therefor.
(b) Objections to admissibility. Subject to the provisions of subsection(b) of K.S.A. 60-228 and amendments theretoand subsection (e)(3), objection may bemade at the trial or hearing to receiving in evidence any deposition orpart thereof for any reason which would require the exclusion of theevidence if the witness were then present and testifying.
(c) Form of presentation. Except as otherwise directed by the court, aparty offering deposition testimony under this section may offer it instenographic or nonstenographic form, but, if in nonstenographic form, theparty shall also provide the court and opposing parties with a transcript ofthe entire deposition from which the portions offered were taken. On request ofany party in a case tried before a jury, deposition testimony offered otherthan for impeachment purposes shall be presented in nonstenographic form, ifavailable, unless the court for good cause orders otherwise.
(d) Effect of taking or using depositions. A party does not make aperson the party's own witness for any purpose by taking the person'sdeposition. Theintroduction in evidence of the deposition or any part thereof for anypurpose other than that of contradicting or impeaching the deponent makesthe deponent the witness of the party introducing the deposition but thisshall not apply to the use by an adverse party of a deposition undersubsection (a)(2). At the trial or hearing any party mayrebut any relevant evidence contained in a deposition whether introducedby the party or by any other party.
(e) Effect of errors and irregularities in depositions. (1)As to notice. All errors and irregularities in the notice fortaking a deposition are waived unless written objection is promptly servedupon the party giving the notice.
(2) As to disqualification of officer. Objection to taking adeposition because of disqualification of the officer before whom it is tobe taken is waived unless made before the taking of the deposition beginsor as soon thereafter as the disqualification becomes known or could bediscovered with reasonable diligence.
(3) As to taking of deposition. (A) Objections to the competencyof a witness or to the competency,relevancy or materiality of testimony are not waived by failure to makethem before or during the taking of the deposition, unless the ground ofthe objection is one which might have been obviated or removed if presentedat that time.
(B) Errors and irregularities occurring at the oral examination in themanner 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 anykind which might be obviated, removed or cured if promptly presented, arewaived unless seasonable objection thereto is made at the taking of thedeposition.
(C) Objections to the form of written questions submitted under K.S.A.60-231 and amendments thereto are waived unless served in writing upon thepartypropounding them within the time allowed for serving the succeeding crossor other questions and within five days after service of the last questionsauthorized.
(4) As to completion and return of deposition. Errors andirregularities in the manner in which the testimony is transcribed or thedeposition is prepared, signed, certified, sealed, indorsed, transmitted,filed, delivered or otherwise dealt with by the officer under K.S.A.60-230 or 60-231, and amendments thereto, are waived unless a motion tosuppress the deposition orsome part thereof is made with reasonable promptness after such defect is,or with due diligence might have been, ascertained.
History: L. 1963, ch. 303, 60-232; amended by SupremeCourt order dated July 20, 1972;L. 1987, ch. 218, § 4;L. 1997, ch. 173, § 15; July 1.
