STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 415	By:	Anderson

AS INTRODUCED

An Act relating to depositions; amending 12 O.S. 2011, Section 3232, which relates to use of depositions in court proceedings; clarifying persons designated to testify under certain circumstances; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     12 O.S. 2011, Section 3232, is amended to read as follows:
Section 3232.  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 5 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
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 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 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.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-64	TEK	1/15/2013 11:20:35 AM