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December 2010 CIVIL PROCEDURE Ch 1, p.41
defaulted party, or on any defaulted party having no attorney of record. Parties in default are not
entitled to notice as to depositions taken under any other rule.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
COMMENT: The rule eliminates the requirement that a copy of the deposition notice be served on the Clerk if the defaulted party
has no attorney and adds a requirement that notice be given to any defaulted party who has no attorney of record.
Rule 1.704 Use of depositions. Any part of a deposition, so far as admissible under the rules of
evidence, may be used upon the trial or at an interlocutory hearing or upon the hearing of a motion in
the same action against any party who appeared when it was taken, or stipulated therefor, or had due
notice thereof, to do any of the following:
1.704(1) To impeach or contradict deponent’s testimony as a witness.
1.704(2) For any purpose if, when it was taken, deponent was a party adverse to the offeror, or
was an officer, partner, or managing agent of any adverse party which is not a natural person.
1.704(3) For any purpose, if the court finds that the offeror was unable to procure deponent’s
presence at the trial by subpoena; or that deponent is out of the state and such absence was not
procured by the offeror; or that deponent is dead, or unable to testify because of age, illness, infirmity,
or imprisonment.
1.704(4) For any purpose, if it was taken of an expert witness specially retained for litigation; or
the deponent was a health care practitioner offering opinions or facts concerning a party’s physical
or mental condition.
1.704(5) On application and notice, the court may also permit a deposition to be used for any
purpose, under exceptional circumstances making it desirable in the interests of justice; having due
regard for the importance of witnesses testifying in open court.
[Report 1943; amendment 1957; Report August 27, 1987, effective November 2, 1987; Report March 21,
1989, effective June 1, 1989; November 9, 2001, effective February 15, 2002]
Rule 1.705 Effect of taking or using depositions.
1.705(1) If a party offers only part of a deposition, any other party may require an offer of all of
the deposition relevant to the portion offered, and any other party may offer other relevant parts.
1.705(2) A party does not make a deponent the party’s own witness by taking a deposition or using
it solely under rule 1.704(1) or 1.704(2). A party introducing a deposition for any other purpose makes
the deponent that party’s witness, but may contradict the witness’ testimony by relevant evidence.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.706 Substituted parties; successive actions. Substitution of parties does not prevent use of
depositions previously taken in the action. If an action is dismissed, depositions legally taken therein
may be used in any subsequent action involving the same subject matter, between the same parties,
their representatives or successors in interest.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.707 Notice for oral deposition.
1.707(1) A party desiring to take the deposition of any person upon oral examination shall give
reasonable notice in writing to every other party to the action. The notice shall state the time and
place for taking the deposition and the name and address of each person to be examined, if known,
and, if the name is not known, a general description sufficient to identify the person or the particular
class or group to which the person belongs.
1.707(2) If a subpoena duces tecum is to be served on the person to be examined, the designation
of the materials to be produced as set forth in the subpoena shall be attached to or included in the
notice.
1.707(3) The notice to a party deponent may be accompanied by a request made in compliance
with rule 1.512 for the production of documents and tangible things at the taking of the deposition.
The procedure of rule 1.512(2) shall apply to the request.
1.707(4) No subpoena is necessary to require the appearance of a party for a deposition. Service
on the party or the party’s attorney of record of notice of the taking of the deposition of the party or
of an officer, partner or managing agent of any party who is not a natural person, as provided in rule
1.707(1), is sufficient to require the appearance of a deponent for the deposition.
1.707(5) A notice or subpoena may name as the deponent a public or private corporation or a
partnership or association or governmental agency and describe with reasonable particularity the