The Federal Rules of Criminal Procedure, more commonly termed as the FRCP, govern court procedure in United States Federal District Courts for civil cases (as opposed to criminal cases, which are governed by the Federal Rules of Criminal Procedure).
The Federal Rules of Civil Procedure, sometimes known as FRCP or Fed. R. Civ. P. are the rules that apply to civil cases in district courts in the United States. According to the Rules Enabling Act, the US Supreme Court promulgates the FRCP, and the US Congress has seven months to disapprove the rules before they are included in the FRCP. The Judicial Conference of the United States, the internal policy-making body of the federal judiciary, typically makes suggestions to the Court that the Court then considers when changing the rules.
The FRCP is virtually invariably used by federal courts as their rules of civil process, despite the fact that federal courts are supposed to follow the substantive law of the states as rules of judgement in cases where state law is in issue. Although 35 of the 50 states have enacted rules that are based on the FRCP, states are free to make their own rules that are applicable in state courts.
Rule 32. Sentencing and Judgment
Any portion or the entirety of a deposition may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof at the trial or upon the hearing of a motion or an interlocutory proceeding, to the extent permissible under the rules of evidence applied as though the witness were then present and testifying, subject to any of the following provisions:
(1) Any deposition may be used by any party for any purpose authorised by the Federal Rules of Evidence, including to challenge or impeach the deponent’s credibility as a witness.
An opposing party may employ for any purpose the deposition of a party or of anyone who was an officer, director, managing agent, or someone designated under Rule 30(b)(6) or 31(a) to testify on behalf of a public or private corporation, partnership, organisation, or governmental agency which is a party.
(3) The court may allow any party to use a witness’ deposition for any purpose if it determines that:
(A) The witness is no longer alive; or
(B) that the witness is more than 100 miles away from the site of the trial or hearing, or that the witness is outside of the United States, unless it is clear that the party providing the deposition arranged for the witness’ absence; or
(C) due to old age, disease, infirmity, or imprisonment, the witness is unable to appear or testify; or
(D) that the party requesting the deposition has failed to subpoena the witness to appear; or
In the interest of justice and with due consideration for the significance of testifying orally in open court, it is preferable, upon application and notice that such extraordinary circumstances exist, to permit the deposition to be used.
A deposition taken without court permission in response to a notice given under Rule 30(a)(2)(C) may not be used against a party who can show that, upon receiving the notice, it was unable to secure legal representation to represent it at the deposition; additionally, a deposition may not be used against a party who, upon receiving less than 11 days’ notice of deposition, promptly filed a motion for a protective order.
(4) If a party merely offers a portion of a deposition as evidence, the opposing party may ask the offeror to present any other portions that should, in all fairness, be taken into account alongside the part that was presented. Additional portions may be presented by any party.
The right to use prior depositions is unaffected by the substitution of parties in accordance with Rule 25. Additionally, all depositions that were lawfully taken and properly filed in a prior action that was brought in a court of the United States or a State and that involved the same subject matter later brought by the same parties, their representatives, or successors in interest may be used in the subsequent action as if originally taken for that purpose. As allowed by the Federal Rules of Evidence, a prior deposition may likewise be utilised.
(b) Restrictions against Admission. For any reason that would require the evidence to be excluded if the witness were then present and testifying, an objection may be raised at the trial or hearing to the admission of any deposition or portion thereof, subject to the provisions of Rule 28(b) and subdivision (d)(3) of this rule.
(c) Presentation Format. A party submitting deposition testimony in accordance with this rule may do so in either stenographic or nonstenographic form, unless the court orders otherwise. If in nonstenographic form, however, the party shall also provide the court with a transcript of the portions so offered. Deposition testimony submitted for reasons other than impeachment shall be presented in nonstenographic form, if available, upon request of any party in a matter brought before a jury, unless the court rules differently for good reason.
How to do the filing process for Rule 32
Failure to raise objections prior to or during the deposition’s taking does not constitute a waiver of such objections, unless the objection pertains to a point that, if raised at that time, would have eliminated or otherwise eliminated the basis for the objection.
(B) Errors and irregularities in the taking of the deposition, the form of the questions or answers, the oath or affirmation, the conduct of the parties, and errors of any kind that might be avoided, removed, or corrected if promptly presented are waived at the oral examination unless a seasonable objection is raised at the time the deposition is taken.
(C) Unless made in writing and delivered to the party submitting the written question within the time frame allotted for serving the subsequent cross or other questions and within five days of the last questions authorized, objections to the format of written questions submitted in accordance with Rule 31 are waived.
(D) Concerning the completion and return of the deposition, (4) Unless a motion to suppress the deposition or a portion of it is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained, it is waived that errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, endorsed, transmitted, filed, or otherwise dealt with by the officer under Rules 30 and 31.