Order: Deponent’s presence not necessary to allow testimony

An order issued by the Indiana Supreme Court on Thursday makes clear that certain people deposed in civil cases don’t have to be present for their sworn deposition testimony to be introduced in court.

Justices issued an order amending Rule 32(A)(2) of the Indiana Rules of Trial Procedure. That rule now reads as follows, with the amended language in bold:

The deposition of a party, or an agent or person authorized by a party to testify or furnish such evidence or of anyone who at the time of taking the deposition was an officer, director, or managing agent, executive officer or a person designated under Rule 30(B)(6) or 31(A) to testify on behalf of an organization, including a governmental organization, or partnership which is a party, may be used by an adverse party for any purpose, regardless of the presence or absence of the person deposed.

The amendment takes effect Jan. 1.

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