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.

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.