{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-3232","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-3232","heading":"Use of depositions in court proceedings","body":"A. USE OF DEPOSITIONS. At the trial or upon the hearing of a\n\nmotion or an interlocutory proceeding, any part or all of a\n\ndeposition, so far as admissible under the Oklahoma Evidence Code\n\napplied as though the witness were then present and testifying, may\n\nbe used against any party who was present or who was represented at\n\nthe taking of the deposition or who had reasonable notice thereof,\n\nin accordance with any of the following provisions:\n\n1. Any deposition may be used by any party for the purpose of\n\ncontradicting or impeaching the testimony of deponent as a witness,\n\nor for any other purpose permitted by the Oklahoma Evidence Code;\n\n2. The deposition of a party or of anyone who at the time of\n\ntaking the deposition was an officer, director or managing agent, or\n\na person designated under paragraph 6 of subsection C of Section\n\n3230 or subsection A of Section 3231 of this title to testify on\n\nbehalf of a public or private corporation, partnership or\n\nassociation or governmental agency which is a party may be used for\n\nany purpose;\n\n3. The deposition of a witness, whether or not a party may be\n\nused for any purpose if the court finds:\n\na. That the witness is dead, or\n\nb. That the witness does not reside in the county where\n\nthe action or proceeding is pending or is sent for\n\ntrial by a change of venue or the witness is absent\n\ntherefrom, unless it appears that the absence of the\n\nwitness was procured by the party offering the\n\ndeposition, or\n\nc. That the witness is unable to attend or testify\n\nbecause of age, illness, infirmity or imprisonment, or\n\nd. That the party offering the deposition has been unable\n\nto procure the attendance of the witness by subpoena,\n\nor\n\ne. That the witness is an expert witness, who for\n\npurposes of this section is a person educated in a\n\nspecial art or profession or a person possessing\n\nspecial or peculiar knowledge acquired from practical\n\nexperience, or\n\nf. Upon application and notice, that such exceptional\n\ncircumstances exist as to make it desirable, in the\n\ninterest of justice and with due regard to the\n\nimportance of presenting the testimony of witnesses\n\norally in open court, to allow the deposition to be\n\nused.\n\nNothing in this paragraph shall be construed to limit the\n\nauthority of the appropriate office to issue a subpoena to compel an\n\nexpert witness to appear in the same manner as any other witness;\n\n4. If only part of a deposition is offered in evidence by a\n\nparty, an adverse party may require the introduction of any other\n\npart which ought in fairness to be considered with the part\n\nintroduced, and any party may introduce any other parts.\n\nSubstitution of parties pursuant to Section 1081, 1082, 1083 or\n\n2025 of this title does not affect the right to use depositions\n\npreviously taken. When an action has been brought in this state or\n\nin any court of the United States or of any other state and another\n\naction involving the same subject matter is afterward brought\n\nbetween the same parties or their representatives or successors in\n\ninterest, all depositions lawfully taken and duly filed in the\n\nformer action may be used in the latter as if originally taken\n\ntherefor.\n\nA deposition previously taken may also be used as permitted by\n\nthe Oklahoma Evidence Code.\n\nB. OBJECTIONS TO ADMISSIBILITY. Subject to the provisions of\n\nsubsection B of Section 3228 of this title and paragraph 3 of\n\nsubsection D of this section, objection may be made, at the trial or\n\nhearing, to receiving in evidence any deposition or part thereof for\n\nany reason which would require the exclusion of the evidence if the\n\nwitness were then present and testifying.\n\nC. FORM OF PRESENTATION. Except as otherwise directed by the\n\ncourt, a party offering deposition testimony pursuant to this\n\nsection may offer it in stenographic or nonstenographic form, but,\n\nif in nonstenographic form, the party shall also provide the court\nosition or part thereof for\n\nany reason which would require the exclusion of the evidence if the\n\nwitness were then present and testifying.\n\nC. FORM OF PRESENTATION. Except as otherwise directed by the\n\ncourt, a party offering deposition testimony pursuant to this\n\nsection may offer it in stenographic or nonstenographic form, but,\n\nif in nonstenographic form, the party shall also provide the court\n\nwith a transcript of the portions so offered.\n\nD. EFFECT OF ERRORS AND IRREGULARITIES IN DEPOSITIONS.\n\n1. AS TO NOTICE. All errors and irregularities in the notice\n\nfor taking a deposition are waived unless written objection is\n\npromptly served upon the party giving the notice.\n\n2. AS TO DISQUALIFICATION OF OFFICER. Objection to taking a\n\ndeposition because of disqualification of the officer before whom it\n\nis to be taken is waived unless made before the taking of the\n\ndeposition begins or as soon thereafter as the disqualification\n\nbecomes known or could be discovered with reasonable diligence.\n\n3. AS TO TAKING OF DEPOSITION.\n\na. Objections to the competency of a witness or to the\n\ncompetency, relevancy or materiality of testimony are\n\nnot waived by failure to make them before or during\n\nthe taking of the deposition, unless the ground of the\n\nobjection is one which might have been obviated or\n\nremoved if presented at that time.\n\nb. Errors and irregularities occurring in the manner of\n\nthe oral examination in the taking of the deposition,\n\nin the form of the questions or answers, in the oath\n\nor affirmation, or in the conduct of parties, and\n\nerrors of any kind which might be obviated, removed or\n\ncured if promptly presented, are waived unless\n\nseasonable objection thereto is made at the taking of\n\nthe deposition.\n\nc. Objections to the form of written questions submitted\n\nunder Section 3231 of this title are waived unless\n\nserved in writing upon the party propounding them\n\nwithin the time allowed for serving the succeeding\n\ncross or other questions or within five (5) days after\n\nservice of the last questions authorized.\n\n4. AS TO COMPLETION AND RETURN OF DEPOSITION. Errors and\n\nirregularities:\n\na. in the manner in which the testimony is transcribed or\n\nrecorded, or\n\nb. in the manner in which the deposition is prepared,\n\nsigned, certified, sealed, endorsed, transmitted,\n\nfiled, or otherwise dealt with by the officer under\n\nSections 3230 and 3231 of this title\n\nare waived unless a motion to suppress the deposition or some part\n\nthereof is made with reasonable promptness after such defect is, or\n\nwith due diligence might have been, ascertained.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c8cca11ed321b1cd4f27614dc206d35e213b2b6a5bea0f80ec8f32de4f68a2f1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-3231","next":"us-ok/okla.-stat.-tit.-12-12-3233"},"notice":"GroundRules: Original legal text. Not legal advice."}