Okla. Stat. tit. 12, § 12-3232
This is the official text of Okla. Stat. tit. 12, § 12-3232, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Use of depositions in court proceedings
Official statutory text
A. USE OF DEPOSITIONS. At the trial or upon the hearing of a
motion or an interlocutory proceeding, any part or all of a
deposition, so far as admissible under the Oklahoma Evidence Code
applied as though the witness were then present and testifying, may
be used against any party who was present or who was represented at
the taking of the deposition or who had reasonable notice thereof,
in accordance with any of the following provisions:
1. Any deposition may be used by any party for the purpose of
contradicting or impeaching the testimony of deponent as a witness,
or for any other purpose permitted by the Oklahoma Evidence Code;
2. The deposition of a party or of anyone who at the time of
taking the deposition was an officer, director or managing agent, or
a person designated under paragraph 6 of subsection C of Section
3230 or subsection A of Section 3231 of this title to testify on
behalf of a public or private corporation, partnership or
association or governmental agency which is a party may be used for
any purpose;
3. The deposition of a witness, whether or not a party may be
used for any purpose if the court finds:
a. That the witness is dead, or
b. That the witness does not reside in the county where
the action or proceeding is pending or is sent for
trial by a change of venue or the witness is absent
therefrom, unless it appears that the absence of the
witness was procured by the party offering the
deposition, or
c. That the witness is unable to attend or testify
because of age, illness, infirmity or imprisonment, or
d. That the party offering the deposition has been unable
to procure the attendance of the witness by subpoena,
or
e. That the witness is an expert witness, who for
purposes of this section is a person educated in a
special art or profession or a person possessing
special or peculiar knowledge acquired from practical
experience, or
Oklahoma Statutes - Title 12. Civil Procedure Page 524
f. Upon application and notice, that such exceptional
circumstances exist as to make it desirable, in the
interest of justice and with due regard to the
importance of presenting the testimony of witnesses
orally in open court, to allow the deposition to be
used.
Nothing in this paragraph shall be construed to limit the
authority of the appropriate office to issue a subpoena to compel an
expert witness to appear in the same manner as any other witness;
4. If only part of a deposition is offered in evidence by a
party, an adverse party may require the introduction of any other
part which ought in fairness to be considered with the part
introduced, and any party may introduce any other parts.
Substitution of parties pursuant to Section 1081, 1082, 1083 or
2025 of this title does not affect the right to use depositions
previously taken. When an action has been brought in this state or
in any court of the United States or of any other state and another
action involving the same subject matter is afterward brought
between the same parties or their representatives or successors in
interest, all depositions lawfully taken and duly filed in the
former action may be used in the latter as if originally taken
therefor.
A deposition previously taken may also be used as permitted by
the Oklahoma Evidence Code.
B. OBJECTIONS TO ADMISSIBILITY. Subject to the provisions of
subsection B of Section 3228 of this title and paragraph 3 of
subsection D of this section, objection may be made, at the trial or
hearing, to receiving in evidence any deposition or part thereof for
any reason which would require the exclusion of the evidence if the
witness were then present and testifying.
C. FORM OF PRESENTATION. Except as otherwise directed by the
court, a party offering deposition testimony pursuant to this
section may offer it in stenographic or nonstenographic form, but,
if in nonstenographic form, the party shall also provide the court
osition or part thereof for
any reason which would require the exclusion of the evidence if the
witness were then present and testifying.
C. FORM OF PRESENTATION. Except as otherwise directed by the
court, a party offering deposition testimony pursuant to this
section may offer it in stenographic or nonstenographic form, but,
if in nonstenographic form, the party shall also provide the court
with a transcript of the portions so offered.
D. EFFECT OF ERRORS AND IRREGULARITIES IN DEPOSITIONS.
1. AS TO NOTICE. All errors and irregularities in the notice
for taking a deposition are waived unless written objection is
promptly served upon the party giving the notice.
2. AS TO DISQUALIFICATION OF OFFICER. Objection to taking a
deposition because of disqualification of the officer before whom it
is to be taken is waived unless made before the taking of the
deposition begins or as soon thereafter as the disqualification
becomes known or could be discovered with reasonable diligence.
3. AS TO TAKING OF DEPOSITION.
a. Objections to the competency of a witness or to the
competency, relevancy or materiality of testimony are
Oklahoma Statutes - Title 12. Civil Procedure Page 525
not waived by failure to make them before or during
the taking of the deposition, unless the ground of the
objection is one which might have been obviated or
removed if presented at that time.
b. Errors and irregularities occurring in the manner of
the oral examination in the taking of the deposition,
in the form of the questions or answers, in the oath
or affirmation, or in the conduct of parties, and
errors of any kind which might be obviated, removed or
cured if promptly presented, are waived unless
seasonable objection thereto is made at the taking of
the deposition.
c. Objections to the form of written questions submitted
under Section 3231 of this title are waived unless
served in writing upon the party propounding them
within the time allowed for serving the succeeding
cross or other questions or within five (5) days after
service of the last questions authorized.
4. AS TO COMPLETION AND RETURN OF DEPOSITION. Errors and
irregularities:
a. in the manner in which the testimony is transcribed or
recorded, or
b. in the manner in which the deposition is prepared,
signed, certified, sealed, endorsed, transmitted,
filed, or otherwise dealt with by the officer under
Sections 3230 and 3231 of this title
are waived unless a motion to suppress the deposition or some part
thereof is made with reasonable promptness after such defect is, or
with due diligence might have been, ascertained.
motion or an interlocutory proceeding, any part or all of a
deposition, so far as admissible under the Oklahoma Evidence Code
applied as though the witness were then present and testifying, may
be used against any party who was present or who was represented at
the taking of the deposition or who had reasonable notice thereof,
in accordance with any of the following provisions:
1. Any deposition may be used by any party for the purpose of
contradicting or impeaching the testimony of deponent as a witness,
or for any other purpose permitted by the Oklahoma Evidence Code;
2. The deposition of a party or of anyone who at the time of
taking the deposition was an officer, director or managing agent, or
a person designated under paragraph 6 of subsection C of Section
3230 or subsection A of Section 3231 of this title to testify on
behalf of a public or private corporation, partnership or
association or governmental agency which is a party may be used for
any purpose;
3. The deposition of a witness, whether or not a party may be
used for any purpose if the court finds:
a. That the witness is dead, or
b. That the witness does not reside in the county where
the action or proceeding is pending or is sent for
trial by a change of venue or the witness is absent
therefrom, unless it appears that the absence of the
witness was procured by the party offering the
deposition, or
c. That the witness is unable to attend or testify
because of age, illness, infirmity or imprisonment, or
d. That the party offering the deposition has been unable
to procure the attendance of the witness by subpoena,
or
e. That the witness is an expert witness, who for
purposes of this section is a person educated in a
special art or profession or a person possessing
special or peculiar knowledge acquired from practical
experience, or
Oklahoma Statutes - Title 12. Civil Procedure Page 524
f. Upon application and notice, that such exceptional
circumstances exist as to make it desirable, in the
interest of justice and with due regard to the
importance of presenting the testimony of witnesses
orally in open court, to allow the deposition to be
used.
Nothing in this paragraph shall be construed to limit the
authority of the appropriate office to issue a subpoena to compel an
expert witness to appear in the same manner as any other witness;
4. If only part of a deposition is offered in evidence by a
party, an adverse party may require the introduction of any other
part which ought in fairness to be considered with the part
introduced, and any party may introduce any other parts.
Substitution of parties pursuant to Section 1081, 1082, 1083 or
2025 of this title does not affect the right to use depositions
previously taken. When an action has been brought in this state or
in any court of the United States or of any other state and another
action involving the same subject matter is afterward brought
between the same parties or their representatives or successors in
interest, all depositions lawfully taken and duly filed in the
former action may be used in the latter as if originally taken
therefor.
A deposition previously taken may also be used as permitted by
the Oklahoma Evidence Code.
B. OBJECTIONS TO ADMISSIBILITY. Subject to the provisions of
subsection B of Section 3228 of this title and paragraph 3 of
subsection D of this section, objection may be made, at the trial or
hearing, to receiving in evidence any deposition or part thereof for
any reason which would require the exclusion of the evidence if the
witness were then present and testifying.
C. FORM OF PRESENTATION. Except as otherwise directed by the
court, a party offering deposition testimony pursuant to this
section may offer it in stenographic or nonstenographic form, but,
if in nonstenographic form, the party shall also provide the court
osition or part thereof for
any reason which would require the exclusion of the evidence if the
witness were then present and testifying.
C. FORM OF PRESENTATION. Except as otherwise directed by the
court, a party offering deposition testimony pursuant to this
section may offer it in stenographic or nonstenographic form, but,
if in nonstenographic form, the party shall also provide the court
with a transcript of the portions so offered.
D. EFFECT OF ERRORS AND IRREGULARITIES IN DEPOSITIONS.
1. AS TO NOTICE. All errors and irregularities in the notice
for taking a deposition are waived unless written objection is
promptly served upon the party giving the notice.
2. AS TO DISQUALIFICATION OF OFFICER. Objection to taking a
deposition because of disqualification of the officer before whom it
is to be taken is waived unless made before the taking of the
deposition begins or as soon thereafter as the disqualification
becomes known or could be discovered with reasonable diligence.
3. AS TO TAKING OF DEPOSITION.
a. Objections to the competency of a witness or to the
competency, relevancy or materiality of testimony are
Oklahoma Statutes - Title 12. Civil Procedure Page 525
not waived by failure to make them before or during
the taking of the deposition, unless the ground of the
objection is one which might have been obviated or
removed if presented at that time.
b. Errors and irregularities occurring in the manner of
the oral examination in the taking of the deposition,
in the form of the questions or answers, in the oath
or affirmation, or in the conduct of parties, and
errors of any kind which might be obviated, removed or
cured if promptly presented, are waived unless
seasonable objection thereto is made at the taking of
the deposition.
c. Objections to the form of written questions submitted
under Section 3231 of this title are waived unless
served in writing upon the party propounding them
within the time allowed for serving the succeeding
cross or other questions or within five (5) days after
service of the last questions authorized.
4. AS TO COMPLETION AND RETURN OF DEPOSITION. Errors and
irregularities:
a. in the manner in which the testimony is transcribed or
recorded, or
b. in the manner in which the deposition is prepared,
signed, certified, sealed, endorsed, transmitted,
filed, or otherwise dealt with by the officer under
Sections 3230 and 3231 of this title
are waived unless a motion to suppress the deposition or some part
thereof is made with reasonable promptness after such defect is, or
with due diligence might have been, ascertained.
Status: in_force · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.