2019 New York Laws
CVP - Civil Practice Law and Rules
Article 31 - Disclosure
R3117 - Use of Depositions.

Rule  3117. Use of depositions. (a) Impeachment of witnesses; parties;
unavailable witness. 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 rules of evidence, may be used 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 the deponent as a witness;
  2. the deposition testimony of a party or of  any  person  who  was  a
party  when the testimony was given or of any person who at the time the
testimony was given  was  an  officer,  director,  member,  employee  or
managing  or authorized agent of a party, may be used for any purpose by
any party who was adversely interested when the deposition testimony was
given or who is adversely interested when the  deposition  testimony  is
offered in evidence;
  3.  the  deposition  of  any  person  may be used by any party for any
purpose against any other party who was present or  represented  at  the
taking  of  the  deposition  or  who had the notice required under these
rules, provided the court finds:
  (i) that the witness is dead; or
  (ii) that the witness is at a greater distance than one hundred  miles
from  the  place of trial or is out of the state, unless it appears that
the absence of the witness  was  procured  by  the  party  offering  the
deposition; or
  (iii)  that the witness is unable to attend or testify because of age,
sickness, infirmity, or imprisonment; or
  (iv) that the party offering the deposition has been unable to procure
the attendance of the witness by diligent efforts; or
  (v) upon motion or notice, that such exceptional  circumstances  exist
as  to  make  its use desirable, in the interest of justice and with due
regard to the importance of presenting the testimony of witnesses orally
in open court;
  4. the deposition of a person authorized to practice medicine  may  be
used  by  any  party  without the necessity of showing unavailability or
special circumstances, subject  to  the  right  of  any  party  to  move
pursuant to section 3103 to prevent abuse.
  (b) Use of part of deposition. If only part of a deposition is read at
the  trial  by  a  party, any other party may read any other part of the
deposition which ought in fairness to be considered in  connection  with
the part read.
  (c)  Substitution  of  parties; prior actions. Substitution of parties
does not affect the right to use depositions previously taken.  When  an
action  has  been  brought  in  any  court of any state or of the United
States and another action involving the same subject matter is afterward
brought between the same parties or their representatives or  successors
in  interest  all  depositions taken in the former action may be used in
the latter as if taken therein.
  (d) Effect of using deposition. A party shall not be deemed to make  a
person  his  own  witness  for any purpose by taking his deposition. The
introduction in evidence of the deposition or any part thereof  for  any
purpose  other  than  that  of  contradicting or impeaching the deponent
makes the deponent the witness of the party introducing the  deposition,
but  this  shall  not  apply  to the use of a deposition as described in
paragraph two of subdivision (a). At the trial, any party may rebut  any
relevant  evidence  contained in a deposition, whether introduced by him
or by any other party.