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Rule 213. Use of Depositions in Court Proceedings

TEXT

(1) Depositions may be read in evidence upon the trial of, or upon the hearing of a motion or other interlocutory proceeding in, the suit in which they are taken, subject to all legal exceptions which might have been made to the questions and answers were the witness personally present before the court giving evidence.

(2) Substitution of parties pursuant to these rules does not affect the right to use depositions previously taken; and, when a suit in a court of the United States or of this or any other state has been dismissed and another suit 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 suit may be used in the latter as if originally taken therefor.

Amended by order of Oct. 3, 1972, eff. Feb. 1, 1973: Language has been inserted in the first paragraph to, make it clear that a deposition may be used upon the hearing of a motion or other interlocutory proceeding, and the second paragraph concerning the right to use depositions after substitution of parties or in a subsequent suit has been added.